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Simple Assault

Stafford NJ Simple Assault Attorney

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

Conduct Required

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


Petty DP

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
What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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