Assault charges carry serious risks in New Jersey. The specific risks you are facing depend on the specific type of assault charge you are facing—and this will also determine what you need to do to defend yourself effectively. If you are facing an assault charge, keep reading to learn more from an experienced New Jersey assault lawyer at Helmer, Conley & Kasselman, P.A.
Penalties for Assault in New Jersey
There are four main types of assault charges under New Jersey law. If you have been charged with assault, making sure you understand the specific charge you are facing will be one of the first steps toward making informed decisions about your defense. The penalties for different types of assault charges vary widely, and it is imperative that you know what is at stake in your case.
Generally speaking, the potential penalties in New Jersey assault cases are as follows:
Simple Assault
Simple assault is either a disorderly persons offense or a petty disorderly persons offense, depending on the circumstances involved. Most cases involve disorderly persons offenses, while reduced penalties apply in cases involving “a fight or scuffle entered into by mutual consent.” If you are facing a simple assault charge, the potential penalties are as follows:
- Disorderly Persons Offense – Up to six months in jail and a $1,000 fine
- Petty Disorderly Persons Offense – Up to 30 days in jail and a $500 fine
Individuals who are convicted of simple assault may also be required to pay restitution or other penalties in some cases. Probation in lieu of jail time will be an option in some cases as well. Importantly, while going on probation allows you to avoid spending time in jail, you must strictly comply with the terms of your probation in order to avoid being incarcerated.
Aggravated Assault
Aggravated assault is a much more serious crime than simple assault under New Jersey law. Prosecutors can pursue aggravated assault charges in a wide range of circumstances, and this makes it essential to ensure that you have a clear understanding of the specific allegations against you. Depending on the circumstances involved, aggravated assault can be prosecuted as either a second, third, or fourth-degree indictable offense under New Jersey law. These charges carry the following penalties:
- Second-Degree Indictable Offense – 5 to 10 years of imprisonment and up to a $150,000 fine
- Third-Degree Indictable Offense – 3 to 5 years of imprisonment and up to a $15,000 fine
- Fourth-Degree Indictable Offense – Up to 18 months of imprisonment and a $10,000 fine
Here, too, additional penalties may apply, and probation may be an option in some cases. If you are not eligible for probation (or the judge sentences you to prison for other reasons), you will generally be required to serve at least 85 percent of your sentence before you become eligible for parole.
Assault By Auto or Vessel
New Jersey’s assault statute establishes a separate offense for cases involving vehicle collisions and boating accidents. This offense is referred to as “assault by auto or vessel.” You can be charged with assault by auto or vessel if you are accused of, “driv[ing] a vehicle or vessel recklessly and caus[ing] either serious bodily injury or bodily injury to another.”
Depending on the circumstances involved, assault by auto or vessel can be prosecuted as a second-degree, third-degree, or fourth-degree indictable offense. In each type of case, the potential penalties are generally the same as those in cases involving charges for aggravated assault.
Domestic Violence Assault
If you have been charged with assault in connection with an alleged domestic violence incident, you risk facing certain penalties listed above based on the specific charge. However, domestic violence assault charges carry additional penalties as well.
In domestic violence cases, assault convictions can also lead to restraining orders, and they can have consequences for your child custody rights and certain other rights as well. Crucially, you can face these consequences before your assault case goes to trial—so it is especially important to hire a New Jersey assault lawyer promptly in this scenario.
Potential Defense Strategies in New Jersey Assault Cases
When you hire a New Jersey assault lawyer to represent you, your lawyer will evaluate all potential defense strategies based on the facts and circumstances of your case. The details matter, so the more information you can share with your lawyer, the better.
With this in mind, some examples of potential defense strategies in New Jersey assault cases include:
- False Accusations – If you have been falsely accused of assault, proving that your accuser lied to the police should be enough to protect you against a conviction. Text messages, testimony, photos, videos, and various other forms of evidence can be used to prove false accusations.
- Self-Defense or Defense of Others – If you had to take action to defend yourself or someone else, you do not deserve to face the life-altering consequences of an assault conviction.
- Defense of Property – If you had to take action to defend your property, this can also serve as a defense to assault charges under New Jersey law in some cases.
- Inadmissible Evidence – Regardless of the underlying facts of your case, if police or prosecutors have violated your constitutional rights, the government’s evidence may be inadmissible in court.
- Insufficient Evidence – Even if all of the government’s evidence is admissible, it still needs to be enough to prove your guilt beyond a reasonable doubt. If the government can’t meet its burden of proof with the evidence that is available, you are entitled to walk free.
Discuss Your Case with an Experienced New Jersey Assault Lawyer in Confidence
Again, these are just examples of some of the defense strategies your lawyer may be able to assert on your behalf. To learn about the specific defense strategies that are available in your case, call 877-435-6371 or contact us online to discuss your case with an experienced New Jersey assault lawyer at Helmer, Conley & Kasselman, P.A. in confidence.
