Contact Our Wayne Office To Speak to a Former Prosecutor Who Has Defended Countless Simple Assault Charges in Wayne Township
An arrest for a simple assault can arise in Wayne as the result of an almost endless number of fact patterns, for example, a domestic conflict, bar fight, or the like. In most cases, there are two sides to the story in terms of responsibility for the encounter. Representation by a talented defense lawyer can prove invaluable in making sure you have every opportunity to escape a conviction on a simple assault charge. This way selecting the right attorney to handle your Wayne simple assault is so important.
The Law Offices of Jonathan F. Marshall has a team of attorneys with more than 200 years of experience successfully representing individuals charged with simple assault in Wayne Township. Most of the lawyers are former prosecutors at either the county or municipal level so they know how things work from both sides. We also happen to have an office in Wayne to conveniently serve our clients. Call us at (862) 203-4070 for a free consultation with a knowledgeable attorney any time 24/7.
Simple Assault Offense in Wayne New Jersey
Simple assault is defined in N.J.S.A. 2C:12-1(a) as engaging in any of the following behaviors:
Purposely, knowingly or recklessly caused bodily injury to another person or attempted to cause such bodily injury.
Negligently caused bodily injury to another person with a deadly weapon.
Using physical menace to attempt to put someone in fear of imminent serious bodily injury.
N.J.S.A. 2C:11-1(c) defines a deadly weapon as being any device, instrument, or substance that is capable of causing death or serious bodily injury to another person. Things you might not commonly think of as being deadly weapons can easily fit into the legal definition of one depending upon the circumstances. For example, an argument with a player from the opposing team during what began as a friendly softball game could have serious consequences for you if you have a bat in your hands when the police arrive.
Our attorneys understand how important it is to thoroughly go over the facts surrounding an incident that led to your arrest to identify potential legal issues that could affect your case. For instance, if the charges arise from a fight, the fact that everyone was a willing participant could reduce the severity of the charge to a petty disorderly persons offense. On the other hand, if the victim is someone identified in N.J.S.A. 2C:12-1b(5) such as a police officer, firefighter, or teacher, the charge escalates from simple assault to a Wayne aggravated assault.
Wayne NJ Simple Assault Penalties
Simple assault is typically a disorderly person offense that falls within the jurisdiction of the Wayne Municipal Court. A conviction results in not only a permanent criminal record but also up to 6 months in the Passaic County Jail, a fine of up to $1,000, probation, community service, anger management, and/or restitution.
Simple assault is a petty disorderly person offense when it is committed in a fight or scuffle entered into by mutual consent. This grade of Wayne NJ simple assault carries a fine of up t0 $500 and up to 30 days in jail.
An avenue for avoiding these penalties is to secure admission into the Conditional Dismissal Program. This relief is reserved for first-time offenders and requires completion of one year of probation as a condition of dismissal of a simple assault offense.
Restraining Order Issued As The Result of Allegation of Simple Assault in Wayne NJ
Simple assault committed against someone who is one of several protected classes identified in N.J.S.A. 2C:25-19 can be designated as domestic violence, and a judge can issue a restraining order. The offense could be a domestic violence incident allowing a superior court judge to issue a restraining order. Protected classes are based upon their relationship to the person charged with simple assault, including:
Current or former husband or wife
Current or former boyfriend or girlfriend
Someone the accused dated or is dating
Anyone residing in the same household as the accused
Having a child in common
To learn more about this subject, refer to our Wayne domestic violence page.
Wayne Township Simple Assault Defense Lawyer
When facing simple assault charges, you need representation from Wayne criminal defense lawyers capable of challenging the prosecution evidence, asserting defenses, and aggressively pursuing an acquittal. Attorneys at the Law Offices of Jonathan F. Marshall have built a reputation for trusted advice and superior courtroom skills. Call us now at (862) 203-4070 where an attorney is available 24/7 to speak with you in a free consultation.