Despite its name, simple assault is anything but simple when you are facing criminal charges in New Jersey. Convictions may lead to jail time, fines, and long-term consequences for your reputation and future opportunities. Don’t make the mistake of thinking you can address these charges on your own. Instead, protect your rights and freedom by turning to an experienced simple assault defense lawyer in Ocean County.
As a former New Jersey Deputy Attorney General, William Fay brings a prosecutor’s perspective to the defense table. He understands the factors that shape a criminal case and how each decision made throughout the legal process can affect the ultimate outcome. Let him bring that insight to develop your simple assault defense. Contact Law Offices of William C. Fay IV today to discuss your legal options in a free consultation.
What Is Simple Assault in New Jersey?
Under New Jersey law, simple assault is a disorderly persons offense, similar to what other states call misdemeanors. A person may commit simple assault in New Jersey when they:
- Purposely, knowingly, or recklessly injure another person or attempt to cause bodily injury to another person
- Negligently injure another person with a deadly weapon
- Attempt through physical menace to put another person in fear of imminent serious bodily injury
Under the statute, simple assault may be downgraded to a petty disorderly persons offense if it occurs during mutual combat, where all parties voluntarily engaged in a fight. Municipal courts in Ocean County generally handle prosecutions for either charge.
Simple Assault vs. Aggravated Assault in NJ
Simple assault and aggravated assault are both serious offenses, but New Jersey law treats them differently. While simple assault covers causing or attempting to cause bodily injury, negligent use of a deadly weapon, or making threats of imminent injury, aggravated assault in NJ involves more serious violent conduct. A person may commit an aggravated assault if they:
- Purposely or knowingly cause, or attempt to cause, injury to a person
- Injure a person with extreme indifference to the value of human life
- Recklessly harm or attempt to injure another person with a deadly weapon
- Point a firearm at or in the direction of another person with extreme indifference to human life
- Commit simple assault upon a protected official or employee acting in the course of their duties
- Harm another person while attempting to flee or elude law enforcement
- Cause or attempt to cause serious injury in domestic disputes
Unlike simple assault, aggravated assault constitutes an indictable crime (felony), which carries more severe penalties in New Jersey.
What Are the Penalties for Simple Assault in NJ?
Because New Jersey classifies simple assault as a disorderly persons offense, penalties for a simple assault conviction may include:
- Up to six months in county jail
- A fine of up to $1,000
- Mandatory assessments and court costs
However, a simple assault charged as a petty disorderly persons offense can impose lighter maximum penalties, such as:
- Up to 30 days in jail
- A fine of up to $500
Courts may impose other penalties in addition to or instead of jail time and fines, including:
- Community service
- Probation
- Restitution
What Happens After a Simple Assault Charge in Ocean County?
After being charged with simple assault in Ocean County, you will typically receive a summons with a date and time to appear in municipal court. In some cases, the court may issue an arrest warrant to detain you. When you appear in court, the judge will inform you of your charges and the potential penalties, advise you of your basic constitutional rights, and take your initial plea. If you plead guilty, the court will proceed to sentencing. However, if you plead not guilty, the court will schedule pre-trial proceedings and a trial date.
Defenses to Simple Assault Charges
A person facing a simple assault prosecution in Ocean County might have legal and factual defenses against the state’s case. Potential defenses to simple assault charges include:
- Self-defense
- Mistaken identity
- Alibi
- Lack of intent
- No injury or threatened injury
Mr. Fay has successfully represented clients in New Jersey assault cases, including securing the dismissal of a second-degree aggravated assault charge arising from a domestic violence incident. Although our past results cannot guarantee future success, our track record shows our experience in developing and pursuing effective strategies for our clients.
FAQ
Below are the answers to some of the questions we most frequently get asked about NJ simple assault.
Can you go to jail for simple assault in New Jersey?
Yes. Because simple assault is a disorderly persons offense in New Jersey, a conviction can result in up to six months in county jail. However, jail is not mandatory, and eligible defendants may qualify for alternatives such as conditional dismissal. An experienced criminal defense attorney can discuss your options.
Does a simple assault charge go on your record in NJ?
Yes. A simple assault charge can go on a person’s criminal record. However, a person may be eligible to expunge a simple assault arrest or charge from their record if the case is dismissed or you are acquitted. Some conditional dismissals may also qualify for expungement.
Can simple assault charges be dismissed in New Jersey?
Yes. Simple assault charges may be dismissed when the prosecution lacks sufficient evidence to proceed or critical evidence is excluded. However, an alleged victim’s decision not to press charges or cooperate does not necessarily result in dismissal if the prosecution has other evidence to support the case.
Speak With an Ocean County Simple Assault Defense Lawyer
If you have been charged with simple assault in NJ, you are entitled to experienced legal counsel to help you protect your rights and interests. Mr. Fay has a reputation for standing up for New Jersey residents in situations like yours. Here’s what one client said of their experience with us in an Avvo review:
“William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all, he demonstrates honesty and integrity. I would highly recommend William and already have.”
Call or contact our law firm today for a free case review.