Contact Our Hoboken Criminal Defense Law Firm To Speak To A Highly Experienced Former Prosecutor About Your Simple Assault Charge In Hoboken Municipal Court
There are endless scenarios that can result in someone be charged with simple assault in the City of Hoboken. Perhaps it was a bar fight, disagreement with a neighbor, incident of domestic violence, conflict at a sporting event or you were just in the wrong place at the wrong time. Irrespective of how your simple assault offense arose, obtaining representation from a skilled attorney is crucial to your protecting your future. You don’t want a criminal record following you around for years nor exposure to penalties that can severely impact your life. Hiring a savvy criminal defense lawyer can ensure that this does not happen when your case reaches Hoboken Municipal Court.
We are the Law Offices of Jonathan F. Marshall, a ten (10) member team of former prosecutors and skilled attorneys that have over 150 years of combined experience defending simple assault charges. Most of the lawyers are also former prosecutors that have handled hundreds of simple assault cases and related offenses of resisting arrest, disorderly conduct and terroristic threats over the last several decades. If you were arrested in Hoboken for simple assault, an attorney with the know-how to thoroughly protect your interests is available to assist you immediately in a free consultation. Contact our Hoboken Office at (201) 932-2288 now.
Why Is Someone Charged With Simple Assault in Hoboken New Jersey?
An individual commits simple assault in violation of N.J.S.A. 2C:12-1a if they: (1) attempt to cause or purposely, knowingly or recklessly cause bodily injury; (2) negligently cause bodily injury with a deadly weapon; or (3) attempt to put another person in fear of imminent serious bodily injury by engaging in physical menacing.
Is Simple Assault A Felony Or Misdemeanor?
Simple assault is a disorderly persons offense, the term used in New Jersey to describe a misdemeanor criminal charge. Simple assault is reduced to a petty disorderly persons offense when it is the result of a mutually agreed to fight.
What Are The Penalties If I Am Convicted Of Simple Assault In Hoboken Municipal Court?
The penalties for simple assault include a fine of up to $1,000, up to 6 months in the Hudson County Jail, VCCB assessment of $50, Safe Neighborhood assessment of $75, court costs $33, restitution to the victim, probation and/or suspension of your driver’s license. The maximum fine is $500 and jail sentence is 30 days when simple assault is a petty disorderly persons offense.
How Long Does It Take To Expunge A Simple Assault Conviction?
You must pay all fines and complete all requirements of your sentence, and then wait five (5) years without another conviction. A formal application for expungement must then be filed with the Superior Court to remove the conviction from your record.
Are There Additional Consequences When Simple Assault Is Committed In The Form Of Domestic Violence in Hoboken?
Yes. An individual who is the victim of domestic violence can apply for a restraining order. This relief prohibits any contact between the defendant and victim. Failure to obey the terms of a temporary restraining order results in additional criminal charges. You should also know that you will have to appear at a final restraining order hearing at the Hudson County Superior Court if you want to contest the restraints. Failure to win that hearing results in permanent application of the bar against communication and contact (e.g. permanent removal from a shared residence, etc.).
Can I Apply For A Conditional Dismissal To Avoid Prosecution?
Yes. A first time offender is eligible for a diversion of prosecution by completing a period of probation under the Conditional Dismissal Program. This allows the applicant to avoid a criminal record and other penalties that result from a sentence for simple assault. Please note that some cases are ineligible for this program, including those associated with domestic violence.
When Does A Simple Assault Escalate to Aggravated Assault?
The most common scenario for a simple assault to result in aggravated assault charges in Hoboken is where the victim is a police officer or school teacher. The assault offense is a felony when this occurs.
Simple Assault Attorney in Hoboken New Jersey
An offense for simple assault obviously has the potential for causing significant complication in your life. Hiring the right attorney to defend your disorderly persons offense for simple assault in Hoboken is probably the most powerful weapon you have to counteract the charge. The attorneys at the Law Offices of Jonathan F. Marshall have what it takes to secure an acquittal or downgrade to an ordinance violation. To speak to a lawyer on our staff any time of day or not, call (201) 932-2288.