Allegations that you committed a Freehold simple assault can have serious consequences. Not only do they threaten your reputation and standing in the community, they also carry with them the possibility of jail time and a heavy fine. What’s more, the arrest and prosecution can stem from a domestic relationship and further effect your marriage, residence, child custody and other facets of your life. This is why it is so important to retain a knowledgeable lawyer if you have been charged with simple assault in Freehold New Jersey.
Having represented scores of clients who have been arrested for simple assault in Monmouth County, including in Freehold New Jersey, our attorney knows what it takes to avoid a conviction. In fact, we have over a century of experience and most of our defense lawyers are former prosecutors. The Law Offices of Jonathan F. Marshall offers a free and completely confidential consultation so that you can make an informed decision regarding your case. An attorney is available now at 732-462-1197 to speak to you.
Freehold NJ Simple Assault Charge Under New Jersey N.J.S.A. 2C:12-1a
A simple assault is committed in violation of N.J.S.A. 2C:12-1a when someone engages in one of three types of conduct. The first way a Freehold simple assault arises is when someone attempts, recklessly or intentionally causes bodily injury to another person. The second instance in which simple assault occurs is where an individual negligently causes bodily injury with a “deadly weapon”. The third and final scenario for a simple assault in Freehold is an individual attempting to put someone in fear of bodily injury utilizing physical menacing.
You should also know that there are certain instances where conduct that would otherwise be simple assault results in a Freehold aggravated assault offense contrary to 2C:12-1b. The most common way this occurs is when a simple assault is committed on a police officer, teacher or other public employee.
Another twist that you should be aware of is the fact that offensive touching can also trigger a harassment charge. This can occur because one of the ways that N.J.S.A. 2C:33-4 (“Harassment”) arises is when someone “subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so”.
Penalties For Simple Assault In Freehold, NJ
Simple assault is a disorderly persons offense (a misdemeanor) under New Jersey Law. A criminal charge of this nature falls within the jurisdiction of Freehold Municipal Court. The municipal court judge in Freehold can impose a sentence for simple assault that includes up to six months in jail, probation, community service, counseling, a $1,000 fine and even suspend your driver’s license.
An avenue for avoiding a conviction and penalties for simple assault is conditional dismissal. This diversionary program is for first-time offenders and requires completion of a one year period of probation. Upon successful completion, an applicant has his/her offense dismissed without any record of conviction.
Other Consequences of a Freehold Simple Assault Offense
In addition to the criminal penalties, a simple assault charge comes with other consequences that you probably have not even thought about. For instance, you may have a restraining order placed against. If you happen to be married to or live with the alleged victim, a restraining order will mean that you will not be allowed to go home, see your children, or collect your personal belongings without a police escort.
Another serious consequence is that if you are convicted of assault, you will lose certain civil rights. For example, under federal law, you will be prohibited from owning a firearm. What’s more, even if you are put on probation and the judge agrees to withhold judgment, the arrest and prosecution will still remain a matter of public record. This means that anyone, including potential employers, will be able to view your mugshot on a law enforcement website and read embarrassing details about your arrest and prosecution.
Defending Simple Assault in Freehold, NJ
It’s important to at least consult a Freehold criminal defense attorney when you are facing a simple assault charge. There may be many options available to defend the charge against you. There may also be many defenses to the charge that can be raised. For example, there may have been no criminal act committed, a lack of criminal intent, no witnesses, or the act may have been committed in self-defense or in defense of others. All of these can help you in your case.
Freehold New Jersey Simple Assault Defense Attorneys
If you or a loved one are facing a simple assault charge in Freehold, New Jersey, you should contact our firm to speak with one of our knowledgeable defense attorneys. You can obtain a comprehensive Freehold assault case review from a lawyer at The Law Offices of Jonathan F. Marshall so that you know your options. Lawyers are available around the clock by calling our Freehold Office at 732-462-1197 or reach us by email here. Do not hesitate to take advantage of the opportunity to speak to an attorney on our staff at your convenience.
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