One of the most common disorderly persons offenses encountered in Ocean County municipal court is simple assault. This charge can arise as a result of conduct falling into several categories and states of mind (i.e. purposeful, knowing, reckless or negligent). This is one of the reasons why hundreds of simple assault cases are heard each year in the county with towns like Stafford, Pleasant Pleasant Beach, Seaside Heights, Brick and Toms River having some of the highest numbers. If you or a loved one has been charged with simple assault, the attorneys at Law Offices of Jonathan F. Marshall can help. Our staff includes Matt Dorry, the former prosecutor of 15 municipalities in Ocean County, and a team of eight criminal lawyers that possess over 100 years of combined experience defending simple assault cases. Whether you were arrested following a bar fight, incident of domestic violence, alternation at work or another scenario, an attorney at the firm is fully equipped to reach the best possible outcome of your our offense. Contact us anytime 24/7 at (732) 286-6500 to speak to a lawyer in a free initial consultation.How You Can Be Convicted of Simple Assault in New Jersey
The offense of simple assault is outlined in N.J.S.A. 2C:12-1(a). The chart below breaks down each category of simple assault set forth in this law, along with the state of mind and grading of the offense.
Section of Law
State of Mind
Attempting Or Causing Bodily Injury To Another Person
Purposeful, Knowing or Reckless
Disorderly Persons Offense (DP)
Causing Bodily Injury With a Deadly Weapon
Attempts By Physical Menace To Put Another in Fear of Imminent Serious Bodily Injury
Purposeful or Knowing
Fight Or Scuffle By Mutual Consent
Important Definitions. An individual acts with purpose when they have a conscious object to engage in the conduct and to cause a particular result. Someone does something knowingly when they are aware that they are engaging in the conduct. A persons acts recklessly when they consciously disregard a substantial and unjustifiable risk. Negligence contemplates a deviation from the standard of care a reasonable person would exercise under the circumstances.
Grading of Simple Assault. Simple assault is either a disorderly persons offense or petty disorderly persons offense unless the victim is a police officer or another individual afforded enhanced protection under N.J.S.A. 2C:12-1(b)(5). Then the simple assault escalates to an aggravated assault.
Penalties for Simple Assault. The monetary penalties include a fine of up to $1,000, a $50 VCCO assessment, $75 Safe Neighborhood Fund assessment and $33 in court costs. An individual convicted of simple assault may also be sentenced to a period of probation or up to 6 months in the county jail.
Defenses. The most common way to defend this charge is a lack of one or more of the elements required to prove the violation. An individual arrested or charged with simple assault may also raise self-defense or protection of others.
Domestic Violence. Simple assault is a violation that falls within the definition of domestic violence. As a result, he can form the basis for issuance of a restraining order.Berkeley NJ Simple Assault Lawyer
A simple assault offense clearly has the potential to effect your life much more than you probably anticipated. A conviction will result in a criminal record that every potential employer, licensing board and other entities performing a background check will see. You can also be sent to jail. Hiring a skilled lawyer is the greatest tool you have to insure that you escape penalties and collateral consequences such as these. Law Offices of Jonathan F. Marshall employs highly knowledgeable lawyers that have been appearing in Manchester, Lakewood, Lacey, Berkeley and Seaside Park for decades. We are familiar with the entire court system and possess the know how to secure a dismissal of your charge. Call us at (732) 286-6500 to speak to an attorney immediately. Attorneys are available 24/7 for free consultations.Additional Simple Assault Resources