Contact The Former Prosecutor Of Howell At Our Firm For The Defense You Deserve
The criminal offense of simple assault in Howell New Jersey in many different situations. The charge of simple assault involves intentionally, knowingly, or recklessly causing bodily injury to another person and is commonly associated with bar fights, neighborhood disputes, and domestic violence.The key point for you to remember is reviewing this pages is that an attorney at our firm is successful in avoiding a conviction in Howell Municipal Court for simple assault in almost all cases.
Although simple assault is a disorderly persons offense, the equivalent to a misdemeanor, it is still results in a record, the possibility of jail and other serious consequences for your future. Therefore, you should do whatever you can to avoid a conviction and/or minimize the consequences. Hiring a lawyer at our firm will dramatically increases the chances of you escaping the pitfalls of being found guilty of a Howell simple assault.
We are the Law Offices of Jonathan F. Marshall, a team of eight criminal defense attorneys that have been practicing in Howell and the rest of Monmouth County for over a century combined. One of our lawyers even served as the prosecutor of Howell so we are clearly highly familiar with the workings of the court system in the municipality. Call us at 732-450-8300 for a free consultation with an attorney anytime 24/7.
Simple Assault Offense in Howell, New Jersey
Under New Jersey statute N.J.S.A. 2C:12-1(a), there are basically three ways to commit simple assault. This law exposes an individual to a simple assault offense if they:
- Attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another;
- Negligently cause bodily injury to another with a deadly weapon; and
- Attempt to put someone in fear of serious bodily injury through physical menacing.
Some examples of behavior that can constitute a simple assault include shoving, slapping, pushing, kicking, or punching someone, or any other act that is committed when you know or should have known that it could cause bodily injury to another. Acts that are committed recklessly without knowing that it could cause injury to others may also be considered a simple assault.
Grading & Penalties for a Simple Assault in Howell. As previously stated, simple assault is typically a disorderly persons offense that falls under the authority of the Howell Municipal Court. A conviction, although relatively rare in the case of our attorneys, can result in up to 6 months in the county jail, a fine of up to $1,000, probation, community service and a suspension of your driver’s license. A simple assault can also be graded as a petty disorderly persons offense if it involves a fight entered into by mutual consent. A petty disorderly offense carries all of the same potential penalties except that the fine is capped at $500 and the jail sentence at 30 days. You should also know that a simple assault can be enhanced to a felony offense of aggravated assault when the victim is a public servant such as a police officer, fireman, emergency medical personnel, or school teacher.
Domestic Violence. A simple assault charge can constitute the basis for a domestic violence and a restraining order being placed against you if it is committed against a spouse, dating partner, or anyone else protected under New Jersey’s Prevention of Domestic Violence Act (PDV). A temporary restraining order or final restraining order bars you from having any contact with the alleged victim. This means that you will be prohibited from returning to a shared home, speaking or communicated with the victim or owning/possessing any weapons (e.g. handgun or other firearm).
Common Defenses to a Howell Simple Assault Charge
There is a potential laundry list of defenses to a Howell simple assault charge, including:
- Mistaken identity – it wasn’t you who did it
- Self-defense – you have the right to use an appropriate amount of force to defend yourself against bodily harm
- Defense of others – you have the right to use force to defend others against the threat of bodily harm
While self-defense and defense of others are simple concepts to understand, proving them in a court of law can often be difficult. This is where the skill and expertise of an experienced criminal defense attorney can help. A savvy lawyer can also ensure that you obtain admission into the conditional dismissal program or secure a downgrade to a civil sanction known as an ordinance violation when an outright dismissal cannot be secured.
Simple Assault Lawyers in Howell, NJ
If you or someone you know has been arrested for simple assault in Howell, New Jersey, the lawyers at the Law Offices of Jonathan F. Marshall have what it takes to help you. In fact, we have a long track record of averting simple assault convictions so it is certainly in your best interests to take advantage of a free consultation with one of our attorneys. You can call (732) 450 – 8300 around the clock to speak to an attorney immediately about how we can help you obtain a dismissal of your charge.