What is Considered Simple Assault in New Jersey?
It is common for simple assault charges to result from a misunderstanding or a minor dispute that gets out of hand. It is important for those facing simple assault charges to discuss their case with an experienced criminal defense attorney. It must be determined if it is worth fighting the charges or if there is an opportunity to negotiate. Failure to explore these options may result in unnecessarily harsh penalties.
New Jersey Statute 2C:12-1 states that a person may be guilty of simple assault if he or she "(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon; or (3) Attempts by physical menace to put another in fear of imminent serious bodily injury."
These acts most likely are disorderly persons offenses unless they involve a fight between two mutually at-fault parties. In such cases, the charges may be reduced to a petty disorderly persons offense. However, these charges can be stepped up as well. If someone suffers a serious injury or there is a weapon involved, the simple assault charges may escalate to aggravated assault.
Individuals facing simple assault charges may assume that since the incident was "no big deal” the resulting penalties will not be severe. The truth is that a disorderly persons conviction can result in up to six months in jail. Failure to obtain adequate representation can result in penalties that can affect the defendant's life socially, professionally, and financially.
The experienced Princeton simple assault defense attorneys at Lependorf & Silverstein routinely fight to have wrongful charges dismissed and we know how to help our clients avoid jail time. Call our offices today at 609-240-0040 to discuss your case.
