Aggravated Assault Lawyer in Morris County NJ
Simple assault is the only assault charge that is considered a misdemeanor (disorderly persons offense) under the New Jersey Criminal Code. All other assault charges, whether it be aggravated assault on a police officer, aggravated assault in the fourth degree, aggravated assault in the third degree or aggravated assault in the second degree, are considered felony offenses. What separates a simple assault charge from an aggravated assault charge will really boil down to two key facts: first what type of injury was caused or attempted to be caused and did the victim have a special status, such as police officer, firefighter or EMS. All simple assault charges will be heard in the local municipal court where in which the incident happened. Conversely, all aggravated assault charges, irrespective of the degree, will be heard in the Morris County Superior Courthouse, which is located in Morristown, New Jersey.
The governing statute in New Jersey for simple assault is N.J.S.A. 2C:12-1(a) and the governing statute for aggravated assault is N.J.S.A. 2C:12-1(b). The maximum penalty for a simple assault charge is up to six months in the Morris County jail and a fine up to $1,000. Conversely, depending on which degree of aggravated assault a Defendant is charged with, they may be facing any where from eighteen months to ten years in a New Jersey State Prison and a fine any where from $10,000 to $150,000. For more information on the offense aggravated assault please click here and for simple assault click here.
Defendant’s charged with simple assault in towns like Morristown, Dover, Denville, Mendham, Madison, Parsiappany and Rockaway may be eligible for one of New Jersey’s diversionary program known as conditional dismissal. A conditional dismissal program is a diversionary program that allows for Defendant’s to be placed on a probationary period, usually one year. If they complete that term without violating any of the conditions imposed by the Judge, the then criminal charges will be outright dismissed.
Conversely, Defendant’s charged with aggravated assault in Morris County, may also be eligible for another one of New Jersey’s diversionary programs known as Pretrial Intervention (PTI). Similar to the conditional dismissal program, if eligible, the Defendant will be placed on a probationary period, ranging any where from six months to three years. If they complete the program without violating any of the terms the then pending felony charges will be outright dismissed.
Simple Assault Attorney in Morristown NJ
If you or a loved one has been charged with an assault charge in Morris County, in towns like Montville, Hanover, Jefferson, Butler, Mount Olive or Roxbury, the Law Office of Jonathan F. Marshall can help. Our team of eight criminal defense lawyers have the experience and skill set needed to fight to protect your freedom. If you would like to come into our office to discuss your options then please contact our Morristown office at 973.309.7050 directly. Our Morris County criminal defense lawyers are available 24/7 to help assist in any way possible. We fully understand that time is of essence.