Hudson County, NJ Juvenile Simple Assault Attorneys
Although simple assault is the lowest level assault charge in New Jersey, if convicted, your child will be scared with a criminal record, fined up to $1,000 and potentially incarcerated in the juvenile detention center, Jamesburg, for up to six (6) months. Most of the juvenile simple assault charges issued in Hudson County tend to start from a school yard disagreement. Although they seem minor in nature, as you can tell, the penalties a juvenile faces are severe. The Law Office of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. Our team of Hudson County NJ juvenile simple assault lawyers fully understand the ramifications that an assault conviction could have on your child’s future. We have been representing individuals charged with simple assault, aggravated assault, robbery, burglary, marijuana possession and cocaine distribution, in towns like North Bergen, Bayonne, Harrison, Kearny and Jersey City for over fifteen years. If you would like to have a free initial consultation with any one of our eight Hudson County, NJ juvenile defense attorneys, please call our Jersey City office at (201) 309-1800. Now here is some information on juvenile assault charges in New Jersey.
Juvenile Simple Assault Defense Lawyers in Hoboken NJ
Under N.J.S.A. 2C:12-1, a person is guilty of simple assault if he or she attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another. Bodily injury consists of, for the purposes of this offense, any bodily injury, but specifically excluded from those things that qualify as bodily injury are those injuries that consist purely of emotional trauma.
They would also be guilty of simple assault if they negligently cause bodily injury to another with a deadly weapon, where a deadly weapon is defined as any firearm or other weapon, device, instrument, material or substance which in the manner used or intended to be used is capable of producing death or serious injury. An automobile, though, for the purposes of this section is not considered to be a deadly weapon.
Lastly a person would be guilty of simple assault if they attempt, by physical menace, to put another in fear of imminent serious bodily injury. Physical menace, the third possible way to be guilty of simple assault, is not something that is easily definable. This offense does not have, as an element, the use or attempted use of force or the threatened use of a deadly weapon, though on some occasions, the court has held that the use of an unloaded gun to instill fear in the victim could be viewed as a simple assault. However, the State must prove that the juvenile acted purposefully. Put another way, it must be the purpose of the juvenile to put another in fear of imminent serious bodily injury. Imminent means, a fear that the serious bodily injury will occur at the time the threats are uttered and not at some time in the future. In addition, the juvenile must have the apparent present ability to inflict the serious bodily injury. The fear must be reasonably founded under the circumstances.
So to recap, in a typical simple assault case, the state must prove three things. They must first show that the juvenile acted purposely, knowingly or recklessly. Next they must show that the victim actually suffered a bodily injury. Lastly, they must show that it was the juvenile who caused this bodily injury.
What are the penalties for Juvenile Simple Assault?
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. Under 2C:43-3, a conviction for disorderly persons offense will make you subject to a $1000 fine and a conviction of a petty disorderly persons offense will make you subject to a $500 fine. Neither of these offenses typically exposes you to jail time, although in rare circumstances it may and if that occurs the juvenile faces up to six (6) months in Jamesburg. However, there are two (2) instances where simple assault by a juvenile is treated as a fourth degree indictable offense, which carries a potential prison term of up to one (1) year and a $1,000 fine. These two instances include:
(1) While working as an employee in care facility against an institutionalized elderly person, or
(2) While in the presence of a child under 16 years of age at a school or community sponsored youth sports event.
Juvenile Simple Assault Attorney in Hudson County, NJ
Regardless of the degree of the offense, is a serious matter and one that you should not face alone. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against criminal assault charges, including simple assault. So if you or someone you love has been charged with simple assault in Hudson County, please do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case. Our Jersey City office may be reached day and night at (201) 309-1800.