Contact Our Office To Speak To An Accomplished Former Prosecutor Who Can Help You Escape A Conviction In Secaucus For Simple Assault
One of the most common criminal offenses in Secaucus is simple assault. There are any number of explanations for the frequency of individuals being charged with simple assault. What is most important for you to know is that you will have a criminal record and face serious penalties, including the possibility of jail, if you are convicted. You have additional considerations if the victim falls under the Prevention of Domestic Violence Act (i.e. face a temporary restraining order) or is someone afforded enhanced protection under the law like a police officer or teacher (i.e. simple assault is enhanced to aggravated assault). Regardless of the circumstance of your Secaucus simple assault charge, hiring a criminal attorney who is skilled in this area of law can provide you with the best opportunity for averting a conviction.
The defense team at the Law Offices of Jonathan F. Marshall has the attributes needed to help you battle a simple assault charges. Our attorneys can provide:
- 200 years of combined experience defending cases in Secaucus Municipal Court like simple assault
- Ten (10) lawyers that handle nothing but criminal cases
- Former County and Municipal Prosecutors
- Certified criminal trial attorneys on staff
- A long track record of success representing clients charged with simple assault, aggravated assault and domestic violence in Hudson County
A lawyer is available to discuss your arrest and the charges filed against you and time day in a free initial consultation. To speak to any attorney immediately, call us at 201.309.0500.
Simple Assault Offense in Secaucus
N.J.S.A. 2C:12-1(a) defines the offense of simple assault as one or more of the following three behaviors:
Negligently causing bodily injury to another person through the use of a deadly weapon. Brandishing a gun while arguing with another person can lead to a simple assault charge if the gun fires and injures someone even if you did not intend to fire it.
Knowingly, recklessly or purposely causing or attempting to cause another person to suffer bodily injury. Note that you do not have to actually cause an injury to be charged with the offense. Evidence of your attempting to do so is sufficient for police to make an arrest.
Placing another person in fear of imminent serious bodily injury.
The identity of the person claiming to be the victim of a simple assault can lead to additional or increased charges. For example, simple assault between spouses or other family members can be the basis for a domestic violence offense and restraining order proceedings at the Hudson County Superior Court. Another common complication that can arises is a simple assault mushrooming into an aggravated assault charge because the alleged victim is a police officer, firefighter, transit worker, teacher or in one of a number of occupations set forth in N.J.S.A. 2C:12-1(b) that elevates that charge in this manner. Aggravated assault is classified as an indictable crime, a felony, which must be handled at the county courthouse in Jersey City and carries with it years in prison.
Our team of defense attorneys reviews the facts of your simple assault to develop an aggressive defense strategy to challenge the evidence and the prosecution version of the incident. Possible legal defenses in a particular case could include:
Acting in self-defense to protect yourself or another person against an attack.
Lacking the requisite intent to cause harm to another individual.
Impairment making you incapable of the intent element of a simple assault offense.
Mental disease or defect rendering you incapable at the time of the offense to appreciate the consequences of your actions or to distinguish between right and wrong.
Through hard work and a commitment to providing each client with the most effective defense, our attorneys have compiled an impressive record of success.
Secaucus NJ Simple Assault Penalties
Simple assault in Secaucus is classified as a disorderly persons offense, but don’t let the name fool you into taking it lightly. If you are convicted of a simple assault, the permanent criminal record you have is the equivalent of a misdemeanor conviction. Each time you fill out a job application or other form that asks if you have ever been convicted of committing a crime, you will be forced to answer “yes.” A conviction for simple assault is punishable by a fine of as much as $1,000 and up to six months in the Hudson County Correctional Center, but there are other options. An aggressive defense could weaken the prosecution case and result in a dismissal of the charge or a reduction in the severity of the sentence. For example, negotiations with the court and the prosecution could result in community service or probation supervision instead of incarceration. Depending upon the facts and circumstances of the simple assault, we have successfully made use of diversion programs to help our clients avoid the harsh penalties and consequences of a conviction.
Secaucus NJ Simple Assault Defense Lawyer
You should not go to court in response to a Secaucus simple assault charge without first calling the Law Offices of Jonathan F. Marshall to speak with one of our experienced attorneys. Simple assault is a serious offense with consequences that can effect your employment, immigration status or ability to obtain a professional license. Our criminal lawyers can help you to avoid these ramifications through aggressive and innovative defense strategies. Call us now at 201-309-0500 where an attorney is always available to speak with you in a free consultation