Nj Simple Assault - The New Jersey Attorney's Office can charge a person with either minor assault or the more felony of aggravated assault, depending on how the alleged victim was injured and the severity of the injury.
In the case of intentional bodily harm or threat of bodily harm, a report can be filed for simple bodily harm. Combined assault is charged as a misdemeanor or a minor misdemeanor if the fight was consensual.
Nj Simple Assault
Serious bodily harm is defined as causing serious or significant bodily harm or attacking someone with a deadly weapon, regardless of the injury. A crime is a crime, a serious crime.
Hoboken Pd Charges Male With Two Counts Of Simple Assault
The New Jersey criminal justice system imposes harsh sentences on people convicted of violent crimes. If you are convicted of minor or serious bodily harm, you will receive a criminal record. Depending on the charge, there may also be a prison sentence. A criminal record is disadvantageous when looking for a job, applying for a loan, or applying to college.
Anyone charged with minor or aggravated assault in New Jersey should seek the help of an experienced criminal defense attorney as soon as possible. The 10 defense attorneys in Jonathan F. Marshall's law offices are former district and local attorneys who have combined more than 200 years of legal experience and now exclusively defend individuals who are prosecuted.
Serious bodily harm includes inflicting grievous bodily harm on a person, attempting to inflict bodily harm with a deadly weapon, or pointing a firearm at another person. A charge of grievous bodily harm can also be brought for injuring a person employed in one of several public occupations. Regardless of the extent of the injury caused, you can be charged with grievous bodily harm if you injure someone with a deadly weapon.
Under New Jersey law, a deadly weapon is any firearm or other weapon, instrument, material, or substance that can be used to cause death or serious injury, or that can be used to cause a victim to believe do that could kill or cause serious injury bodily harm.
Assault, Threat & Stalking Statutes In New Jersey
Aggravated assault charges can also be brought for injuring a range of public servants while on the job, including police officers, judges, prison guards, teachers, emergency workers, transport and utility companies, and several others.
The ruling includes payment of court costs and fees, including an assessment by the Crime Victim Compensation Board. A post-conviction sentence may also include community service and anger management counseling and/or alcohol/drug abuse. First time offenders may be given a suspended sentence instead of jail time.
A simple assault charge can be brought for any type of fight or aggressive physical contact between two or more people that results in minor injuries such as bruises or small cuts. Quarrels, family quarrels, drunken behavior, and other aggressive behavior can escalate into acts of violence, leading to complaints and charges of minor assault.
A charge of simple bodily harm is usually filed as a misdemeanor. If the arrests are made after a consensual brawl or brawl, criminal charges should be filed for petty crime. Remember that when an officer, such as a police officer or teacher, is attacked, a basic attack becomes a heavy attack.
Clinton Township Man Charged With Simple Assault Against Father
A person's crime of breaking public order is punishable by imprisonment for up to six months and/or a fine of up to US$1,000.
Violation is punishable by up to 30 days in prison and a $500 fine.
The judgment also includes payment of court costs and fees, including an assessment by the Crime Victims Compensation Board, and may include the provision of community services and the provision of anger management or substance abuse counseling. First time offenders may be given a suspended sentence instead of jail time.
If you've been charged with assault in New Jersey, contact the experienced criminal defense attorneys at Jonathan F. Marshall's law firm as soon as possible. We may challenge the evidence against you and request a reduction or dismissal of the charges. Our NJ criminal defense attorneys will work to obtain the best possible outcome for you based on the specific facts of the case.
Nj Aggravated Assault Lawyer
Contact the law firm of Jonathan F. Marshall now for a free initial consultation. We have offices throughout the state of New Jersey. Personal injury charges in New Jersey generally fall into two distinct categories: simple assault and aggravated assault. Typically, the type of injury caused and/or attempted and the "status" of the "victim" determine what type of assault an individual is charged with. The nature of the assault charge plays an important role in the possible penalties a person faces if convicted. For example, if a person is charged with aggravated assault, which is considered a misdemeanor, they could face up to six months in prison. On the other hand, if a person is charged with aggravated assault, which is a criminal offense, they could face up to ten years in prison, depending on the degree of seriousness. For more information on possible penalties for assault in New Jersey, see below.
In 2017, New Jersey completely overhauled its bail system, not adopting a bail system equivalent to that of the federal system. Essentially, New Jersey has eliminated cash bail and is now focusing on risk assessment to determine what bail, if any, is required. As you can imagine, allegations of attack could be problematic when conducting a risk assessment. To make matters worse, if the incident is classified as an "act of domestic violence," the individual will almost certainly have to spend at least twenty-four hours in the Somerset County Jail for investigative agencies to complete their risk assessment. Based on the risk assessment and the underlying nature of the allegations, the public prosecutor's office, when hearing the person before the central court, must decide whether or not to request a formal hearing on detention. When prosecutors make a request for a detention hearing, it means they are trying to persuade the judge that the defendant needs to be held in the county jail without bail pending trial. For more information on Somerset County custody hearings, click on the link.
All charges of minor assault will be filed with the local magistrates' court in the community where the incident occurred. For example, if a person is charged with aggravated assault at Bridgewater Commons Mall, their case will be tried in Bridgewater Municipal Court. Conversely, if an individual is charged with aggravated assault at Bridgewater Commons Mall, their case will be referred by Bridgewater Municipal Court to Somerset County Superior Court in Somerville for a decision. Additionally, depending on the underlying facts surrounding the incident, charges of aggravated assault may be downgraded to simple assault and returned to the local magistrate's court for a decision. As a result of the reduction in fees, they are no longer considered criminal offenses, but rather administrative offences.
Simple assault is a misdemeanor in New Jersey, which is our version of a misdemeanor. If convicted, the individual faces up to six months in Somerset County jail, a fine of up to $1,000, anger management, community service, probation and a criminal record. On the other hand, aggravated assault charges are felonies, which is our version of a crime. To further complicate matters, charges of aggravated assault may be considered second, third, or fourth degree felonies. As noted above, the type of injury caused/attempted, as well as status (eg, police officer, teacher, paramedic) determines the level of charges against an individual. Depending on the degree, an individual faces up to 10 years in prison, a fine of up to $150,000, community service, anger management, probation, and a criminal record. Click the link for more information on aggravated assault charges in Somerset County.
Union County Assault Charge Offers Good Illustration Of Nj Law
That. Both simple and grievous bodily harm can be grounds for a New Jersey restraining order. If an injunction is issued, it applies in addition to any criminal charges. In other words, they are two separate things. All restraining orders are filed with the Chancery Division, Family Division of the Supreme Court in the district where the incident occurred. Click the link for more information on restraining orders, including what is required for a restraining order to become effective.
The criminal defense attorneys of Keith Oliver Criminal Law have dedicated their careers to defending defendants of crimes including simple assault, aggravated assault, assault with a motor vehicle, assault with a deadly weapon, assault on a police officer, unlawful possession of a weapon and possession of a weapon for an unlawful purpose. Unfortunately if you find yourself in this situation in Somerset or Hunterdon County, in cities like Readington, Somerville, Raritan, Bound Brook, Bridgewater, Clinton, Flemington, Bernards, Plainfield, Hillsborough or elsewhere and would like to speak to one of our attorneys for information about your options available from our Bridgewater office at 908.533.1064. One of our lawyers will be happy to go through everything
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