Managing a Simple Assault Charge
Occasionally, people may lose their tempers after attending sporting events, or even during ordinary encounters that lead to arguments with other individuals. At times, these disagreements may result in fights that can lead to individuals getting hurt.
According to the New Jersey Judiciary, New Jersey Criminal Code 2C:12-1, a simple assault occurs when a defendant causes bodily injury to another, or when a defendant attempts to cause imminent bodily harm to another.
A bodily injury is defined as any physical pain, illness, or impairment of a physical condition. An attempt to place another in fear of imminent bodily harm occurs when a person takes substantial steps to cause bodily harm to another by purposely acting in a manner that a reasonable person would believe would cause bodily harm.
New Jersey simple assault charges must be proven beyond a reasonable doubt. The State has the burden of showing that the defendant acted purposely, knowingly, or recklessly to cause bodily harm, or attempted to cause bodily harm to another.
The penalty for a conviction on a simple assault charge in New Jersey can be up to 6 months in prison and a maximum fine of up to $1,000. New Jersey law characterizes a simple assault as a disorderly person’s offense, except when committed during a fight or a scuffle where it is classified as a petty disorderly person’s offense. A disorderly person’s offense can be removed from a person’s record after 5 years, if the person has not been convicted of three disorderly or petty disorderly offenses pending the payment of a fine.
Self defense is an affirmative defense to simple New Jersey assault. If you are charged with simple assault, the New Jersey assault defense attorneys of Lependorf & Silverstein will work hard to represent you. Our New Jersey criminal defense lawyers have represented clients in numerous disorderly offense cases. We work to provide our clients with smart, aggressive legal representation. Contact our office today at 609-240-0040, for your free legal consultation.
