Simple Assault Lawyer Trenton, NJ
Results-Driven Criminal Defense Attorney Fights Simple Assault Charges in Mercer County, Middlesex County, Burlington County, and Monmouth County, NJ
Allegations of violent criminal conduct in NJ can never be taken lightly, regardless of the type of assault that is alleged. While simple assault is treated as a relatively minor violent crime in New Jersey, conviction can still result in up to six months in jail, in addition to monetary fines, community service, and probation. Even if you have no prior criminal record and are able to avoid jail time, the conviction for a violent crime like simple assault will unfortunately become a part of your criminal history. Your permanent record can then be accessed by potential employers and landlords in the future, even if you are never again accused of a crime.
If you have been charged with simple assault in Robbinsville, Hamilton, Hightstown, South Brunswick, or anywhere else in New Jersey, contact the Law Offices of Lauren E. Scardella to retain experienced legal counsel who will zealously advocate on your behalf. I understand the detrimental impact that a criminal conviction can have on your personal and professional life, and I will explore every avenue to negotiate a settlement or even obtain a dismissal in your simple assault case. At my office, I am a Trenton simple assault lawyer who personally handles each and every case—and my goal is to obtain a “not guilty” verdict or outright dismissal from the prosecutor, rather than encouraging clients to simply plead guilty.
Penalties for Simple Assault in Hamilton, New Jersey
Under N.J.S.A. 2C:12-1, an individual is guilty of simple assault if they:
- Attempt to cause or purposely, knowingly, or recklessly bodily injury to another, or
- Negligently cause bodily injury to another with a deadly weapon, or
- Attempt by physical menace to put another in fear of imminent serious bodily injury.
Simple assault in New Jersey is punishable as a disorderly persons offense, unless the assault occurred during a fight entered into by mutual consent, in which case simple assault is typically downgraded to a petty disorderly persons offense. Disorderly persons offenses may be punished by up to six months incarceration in the local county jail and up to a $1,000 fine, plus possible community service and probation. Once the simple assault offense is downgraded to a petty offense, the penalties become much less severe, with jail time capped at 30 days and a possible $500 fine.
Expungement of Simple Assault Convictions in Mercer County, NJ
Expungement may eventually be possible after conviction for a disorderly persons offense or petty disorderly persons offense like simple assault. N.J.S.A. 2C:52-3 allows an individual who has been convicted of one of these offenses to petition to have the offense removed from their criminal record if:
- They have not been convicted of any prior or subsequent crime,
- They have not been convicted of another three disorderly persons offenses or petty disorderly persons offenses, and
- Five years have passed since conviction, payment of fines, probation, or release from incarceration (whichever is later) for the disorderly persons offense or petty disorderly persons offense.
West Windsor Attorney Lauren Scardella Leaves No Stone Unturned in Defending Clients Against Simple Assault Charges in New Jersey
The New Jersey statutory scheme that governs simple assault charges provides that even an attempt to cause fear of serious bodily injury can lead to a simple assault conviction, regardless of whether the victim was physically harmed. Each case will present a unique set of circumstances, so I will thoroughly investigate each case to uncover all potential defenses, including:
- Mutual Altercation
I will evaluate all of the evidence in each case, which may mean interviewing witnesses and evaluating whether witness testimony is accurate. In many simple assault cases where alcohol was involved, witness testimony can prove unreliable and can lead to charges being dropped or reduced. In all cases, I will leave no stone unturned in formulating the strongest possible defense for my clients.
Contact an Experienced Ewing Township Simple Assault Attorney to Schedule a Free Consultation Today
As a Robbinsville attorney with experience both in criminal defense and as a legal intern in the Mercer County Prosecutor’s Office, I use my skills to think outside the box in each of my client’s cases. At the Law Offices of Lauren E. Scardella in Hamilton, NJ, I offer a free initial consultation, during which we will discuss the simple assault charges that have been brought against you and formulate a strategy to build a strong defense in your case. Contact the office today at 609-587-1144 to schedule an appointment, or fill out this online form. Our office is conveniently located at 2653 Nottingham Way STE 1, Hamilton Township, NJ 08619.
Frequently Asked Questions About NJ Simple Assault Charges
What is the difference between simple assault and aggravated assault in New Jersey?
The simple assault statute provides for relatively minor penalties in the scheme of New Jersey’s criminal justice system. Aggravated assault is a much more serious violent crime, and it requires that some type of aggravating factor be present. For example, simple assault charges can escalate to aggravated assault if the victim was a police officer or if the alleged assailant was carrying a gun or other deadly weapon.
How can a simple assault conviction be expunged in NJ?
After five years have passed, expungement of a simple assault conviction may be possible if the convicted individual has maintained a “clean” record. To obtain an expungement, an attorney will generally prepare an expungement application and petition the Superior Court. In some cases, the Superior Court will consider an expungement petition after three years have passed if the court determines that expungement is in the best interest of the public, a determination generally based upon the nature of the crime and the individual’s character and behavior in the time that has elapsed.