Lawyers for Assault Charges in New Jersey: Rosenberg

If you or a loved one have been charged with simple or aggravated assault, your next steps are critical. Assault charges in New Jersey carry severe penalties, including jail time and hefty fines, but with the right legal representation, you can protect your rights and your future.

At Rosenberg | Perry & Associates, we specialize in defending individuals against assault charges, providing personalized, aggressive defense strategies to help you navigate the legal system. Contact us today for a free consultation and take the first step toward building a strong defense.

Assault Charges in New Jersey

New Jersey law defines an assault charge by the injury sustained by the victim. There are three (3) types of assault charges in NJ:

simple assault
aggravated assault
assault by auto

Simple Assault is a Disorderly Persons Offense, which carries up to 6 months in jail as a penalty and up to a $1,000 fine. Aggravated Assault & Assault by Auto can be either a second, third, or fourth-degree charge.

Simple Assault

According to N.J.S.A. 2C:12-1(a), the legal elements of simple assault in New Jersey are:

You attempt to cause or cause bodily injury to another;
You negligently cause bodily injury to another with a deadly weapon; or
You attempt to put another person in fear of imminent serious bodily injury.

Under any of these scenarios, simple assault is a disorderly persons offense. Mutual fighting is characterized as a petty disorderly persons offense.

Aggravated Assault

According to NJ Statute: 2C:12-1b, the legal elements of aggravated assault in New Jersey are:

Attempt to cause serious bodily injury with extreme indifference;
Recklessly cause bodily injury to another with a deadly weapon; or
Recklessly display extreme indifference to human life.
Assaulting an officer, firefighter, first-aid operator, or school bus driver, while they are on duty.

Aggravated Assault is a serious criminal offense. There are a number of different variations of aggravated assault with offenses ranging from fourth degree to second degree depending on the circumstances of the alleged conduct.

Assault by Auto

According to NJ Statute: 2C:12-1c, the legal elements of assault by auto in New Jersey are:

Accused drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.
Accused was also driving while intoxicated.
Accused drives a vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results.
Accused unexpectedly alters the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

Assault by auto can result in charges from fourth degree to second degree and fines range from $1,000 to $10,000 depending on the situation.

Juveniles Charged With Assault

Juveniles charged with assault in New Jersey are typically tried in family court as opposed to criminal court. New Jersey Family Court judges will take into account a defendant’s age, family situation, psychological and medical needs, and other factors before issuing a sentence. Sentences can include incarceration (in a juvenile detention facility), probation, community service, and counseling. The impact on a juvenile charged with assault can change the course of their life. The lawyers at RPA are prepared to defend juveniles charged with a crime in New Jersey and protect their future.

Penalties for Assault Charges in New Jersey

Criminal defense charges typically have maximum penalties. Simple assault and aggravated assault have different penalties due to the severity of the crime.

Simple Assault
- Up to 6 months in jail or a $1,000 fine.
Aggravated Assault
- Second Degree – 5-10 years in prison with fines of up to $150,000.
- Third Degree – 3-5 years in prison with fines of up to $15,000.
- Fourth Degree – Up to 18 months in prison with fines of up to $10,000.
Assault by Auto
- Disorderly Persons Offense – If a non-serious bodily injury occurs, up to six months in jail and a $1,000 fine.
- Fourth-degree – If a serious bodily injury occurs, up to 18 months in prison with up to $10,000 in fines if convicted. Third-degree – If a serious bodily injury occurs and the defendant was found to be driving while intoxicated, 3 – 5 years in prison with a maximum fine of $15,000. Second-degree – If the serious bodily injury occurs in a school zone and the defendant was found to be driving while intoxicated, 5-10 years in prison with a maximum fine of $150,000.

Additional penalties might include restitution to the victim, probation and electronic monitoring and the loss of the right to own or possess a firearm or a weapon.

Diversionary Programs for Assault Charges

There are options available for eligible defendants to avoid conviction and possible jail time in the form of pre-trial intervention. Conditional discharge is another available option as a possible alternative to conviction and jail time. While these programs can help change the possible path for defendants, not all who apply will be accepted for these programs. These programs typically involve close monitoring such as drug tests, counseling, probation, and community service. A judge will determine what type of program the defendant will be enrolled in and, upon completion, whether the charges will be dropped. The lawyers at RPA can help make a case for you or a loved one to be accepted into one of these programs.

Defending Assault Charges

In order for a lawyer to properly defend you against an assault charge, you must be open and honest with your lawyer. There are a few possible avenues an experienced attorney can explore in preparing a defense against assault charges, including:

Self-Defense – A viable defense against an assault charge is a justifiable claim of self-defense. According to the New Jersey Self-Defense Law, use of force is justifiable when a person reasonably believes that force is immediately necessary to protect themselves against unlawful force by another person.
Defense of Others – If you are accused of assault and can prove that there was an honest perceived threat to another person, this defense will work similarly to self-defense.
Defense of Property – This defense typically involves the home, where a homeowner uses reasonable force to protect their property from being invaded or illegally withheld.
Consent – This is a very niche case that can be used to protect yourself if both parties were involved in a mutual combat situation such as wrestling or football.
Duress – Duress can be used as a defense tactic if the accused was forced to engage in this activity under threat of severe physical injury.
Necessity – In very rare situations, a person may use this defense if the action they took, resulting in assault, was the only option available to prevent greater public or private injury.
Alibi – If the defendant was not present during the attack, the lawyer may be able to use this to defend against an assault charge. The defendant must be able to provide substantial proof that he/she was not present at the time of the attack.
Statute of Limitations – If the assault occurred more than two years before an assault charge is filed, a lawyer may be able to use this to get the case dismissed. Assault and battery charges must be filed by the plaintiff within two years of the alleged event taking place.
Witness Testimony – In some cases, witness testimony will be unavailable, which may result in the charges being dropped.

Can Assault Charges Be Expunged?

To apply for expungement of a specific charge, a person must not have more than 4 disorderly persons convictions or 1 indictable offense and 3 disorderly persons convictions on his/her record. Assault can be expunged if these conditions are met.

The expungement process in New Jersey can be very complicated, and failure to properly present your case at any point can lead to denial. The local DA can also challenge the expungement, leading to a trial in front of a judge. Investing in legal support can help make sure your application is error free and that the facts are presented in the best possible way. They can also appear in court to make sure the judge grants the expungement despite a prosecutor’s objections.

Hire an Experienced NJ Assault Lawyer

Assault charges are serious and can result in severe consequences, including jail time, hefty fines, and a permanent criminal record. Navigating the legal system on your own can be overwhelming, but having an experienced legal team like Rosenberg | Perry & Associates in your corner can make all the difference. Our attorneys have a proven track record of successfully defending clients against assault charges, working tirelessly to have charges dismissed or penalties significantly reduced. Don’t leave your future to chance—contact Rosenberg | Perry & Associates today for a free consultation and start building a powerful defense tailored to your situation.