New Jersey Assault & Battery Lawyer

New Jersey Assault Lawyer Providing Skilled Representation for Assault and Battery Cases Statewide

In New Jersey, facing assault and battery charges can be an extremely serious matter. If you were accused of these types of crimes, an experienced New Jersey assault lawyer can provide you with the skilled criminal defense you need. Contact Helmer, Conley & Kasselman, P.A. today for a confidential initial consultation.

Fight the Penalties for Simple and Aggravated Assault with a New Jersey Assault Lawyer

In most cases, simple assault is classified as a disorderly persons’ offense carrying up to six months’ jail time, a fine of up to $1,000, and the possibility of restitution.

Aggravated assault is a serious crime. Penalties range from probation to ten years in prison (often with 8 ½ years required before you will become eligible for parole). Aggravated assault charges can be filed in New Jersey in cases that involve:

Causing, or attempting to cause, serious bodily injury;
Assaults with weapons;
Assaults with cars;
Assaults on police or firefighters;
Assaults on school teachers or officials; and
Assaults on the elderly.

Aggravated assault can be classified as either a second, third or fourth-degree offense, each of which carries a range of serious penalties as follows:

Second-degree aggravated assault – 5 to 10 years of imprisonment and up to a $150,000 fine.
Third-degree aggravated assault – Three to five years of imprisonment and up to a $15,000 fine.
Fourth-degree aggravated assault – Up to 18 months of imprisonment and a $10,000 fine.

Understanding Your New Jersey Assault Case

The crimes of simple assault and aggravated assault are defined in Section 2C:12-1 of the New Jersey Revised Statutes. Unlike some other states, New Jersey does not have a separate battery statute. Instead, what constitutes battery in most other states is prosecuted as a form of assault under Section 2C:12-1.

Charges for simple assault and aggravated assault can take a variety of different forms. Under Section 2C:12-1.a., grounds for prosecutors to pursue simple assault charges include:

“Attempt[ing] to cause or purposely, knowingly or recklessly caus[ing] bodily injury to another;”
“Negligently caus[ing] bodily injury to another with a deadly weapon;” or
“Attempt[ing] by physical menace to put another in fear of imminent serious bodily injury.”

Under Section 2C:12-1.b., grounds for prosecutors to pursue aggravated assault charges include (but are not limited to):

“Attempt[ing] to cause serious bodily injury to another, or caus[ing] injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life, recklessly caus[ing] such injury;”
“Attempt[ing] to cause or purposely or knowingly caus[ing] bodily injury to another with a deadly weapon;”
“Recklessly caus[ing] bodily injury to another with a deadly weapon;”
“Knowingly under circumstances manifesting extreme indifference to the value of human life point[ing] a firearm . . . at or in the direction of another, whether or not the actor believes it to be loaded;” or,
“Caus[ing] bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of [New Jersey law].”

Prosecutors can also pursue aggravated assault charges in cases involving acts that would otherwise constitute simple assault if the victim falls into one of several protected classes. These protected classes include law enforcement officers, firefighters, EMTs, school board members and school administrators, correctional officers, and judges, among others.

Understanding the Required “Mental State” for Criminal Culpability

When seeking to secure an assault conviction in New Jersey court, not only must prosecutors prove that a defendant committed an act that constitutes assault under Section 2C:12-1, but, in most cases, they must also prove that the defendant acted with the requisite “mental state.” Section 2C:12-1 expressly contemplates four different mental states for criminal culpability:

Negligently – To prove that you acted negligently, prosecutors must be able to establish that you made a mistake that reflects a deviation from the ordinary standard of care that most people would exercise under similar circumstances.
Recklessly – Proving that you acted recklessly requires more than proof of negligence. However, prosecutors still do not need to be able to prove that you knew what you were doing or that you intended to cause someone harm.
Knowingly – To prove that you acted knowingly, prosecutors must be able to establish that you were aware of your actions and their potential consequences. This does not require evidence that you knew you were breaking the law.
Purposely – If prosecutors are required to prove that you acted purposely, this means that they must be able to show that you acted with the intent to achieve a specific result (i.e., causing bodily injury or serious bodily injury to someone else).

However, evidence that a defendant acted negligently, recklessly, knowingly, or purposely is not required in all cases. For example, if you are being charged with causing bodily injury while fleeing law enforcement, prosecutors do not need to prove that you acted with a “criminal state of mind” in this scenario. As a result, if you are facing an assault charge in New Jersey, it will be critical to ensure that you have a clear understanding of the specific allegations against you and the specific elements that prosecutors will need to prove to secure a conviction. This is one of several reasons why it’s important to have an experienced New Jersey assault lawyer on your side.

Understanding the Evidence Required to Prove Assault in New Jersey

Given the various types of assault charges prosecutors can file under Section 2C:12-1 and the various mental states required, prosecutors may need various types of evidence to secure an assault conviction in New Jersey state court. This has both positive and negative implications for defendants.

On the one hand, prosecutors have the burden of proving a defendant’s guilt beyond a reasonable doubt. If prosecutors cannot meet their burden of proof, a conviction is unwarranted. Showing that prosecutors don’t have all of the evidence they need can be a key defense strategy in many cases.

On the other hand, prosecutors also have various options for meeting their burden of proof. For example, in a case involving a simple assault charge based on “physical menace,” proving that the defendant grabbed the victim by the shirt collar could be enough to secure a conviction.

Potential Defenses to Assault Charges

There are several possible defenses to simple and aggravated assault charges in New Jersey. Determining which defenses you have available requires the advice of an experienced New Jersey assault lawyer; and, to make sure you have the best chance possible to assert the strongest possible defense, it is important that you discuss your assault charge with an attorney right away. Some of the potential defenses to assault charges include:

Self Defense – If you were being attacked or feared for your safety, your actions may have been justified as self-defense. However, asserting self-defense presents some unique challenges, as it requires you to acknowledge that you engaged in conduct that could be prosecuted as assault or aggravated assault under other circumstances. If you believe that you acted in self-defense, it will be important for you to work with an experienced New Jersey assault lawyer who can effectively present this defense on your behalf.
Defense of Others – If you took action to defend someone else who was under threat of serious injury or death, you may be able to assert the defense of, “defense of others.” Similar to self-defense, defense of others presents the risk of admitting that you engaged in conduct that would justify criminal penalties under other circumstances.
Defense of Property – Depending upon the circumstances involved, if you committed a violent act to protect your home, you may have had legal justification to do so. New Jersey recognizes the defense of property as a justification for assault in some circumstances; but, here too, asserting this defense effectively (and without increasing your risk of conviction) requires the advice and representation of an experienced New Jersey assault attorney.
Mutual Fighting – Mutual fighting is a partial defense to aggravated assault that can lower your charge to simple assault. Under New Jersey law, if two individuals consented to fight one another, then proving this mutual consent can provide protection against the most severe penalties imposed under Section 2C:12-1.
Duress – The defense of duress provides protection against criminal culpability for assault and aggravated assault in cases in which the defendant was coerced by the use of force or the threat of use of force against the defendant or another. This is somewhat similar to asserting self-defense or defense of others, and asserting a duress defense successfully requires an informed defense strategy and experienced legal representation.
Intoxication – Showing that you were under the influence of alcohol, illegal drugs or prescription medication can provide a defense in some cases. Generally, in order to assert an intoxication defense, you must be able to show that your intoxication was involuntary.
Mental Problems or Mental Illness – Diminished capacity and mental illness are also potential defenses to assault and battery charges in New Jersey, but here too, defendants need to be extremely careful. If you are found not guilty by reason of mental illness, this could result in being committed to a psychiatric hospital indefinitely.
No Use of a Deadly Weapon – Many aggravated assault charges are based on the use of a weapon in the commission of the crime. Under Section 2C:12-1, simply having a weapon in your possession is not enough to elevate assault to aggravated assault. The weapon must actually be used to cause bodily injury. If you had a weapon but you did not use it, then your assault lawyer may be able to use this to reduce your charge to simple assault.
Constitutional Violations – Criminal defendants in New Jersey have several fundamental constitutional rights. If the police or prosecutors violated your constitutional rights, this may provide a full or partial defense to your assault charge. However, a violation of your constitutional rights will not automatically impact on your case — you must hire a New Jersey assault lawyer to raise the violation in court on your behalf.
Lack of Evidence – Finally, while it is possible to defend against an assault or aggravated assault charge by presenting evidence that supports one or more of the defenses discussed above, it is important not to forget that the prosecution has the burden of proof. If prosecutors do not have the evidence they need to prove your guilt beyond a reasonable doubt, then you are entitled to a “not guilty” verdict at trial.

Why It’s Important to Hire an Experienced New Jersey Assault Lawyer

As we said above, making sure you know what prosecutors need to prove to secure a conviction is one reason why it’s important to have an experienced New Jersey assault lawyer on your side. But there are many other reasons as well. For example, when you hire an experienced New Jersey assault lawyer to represent you, your lawyer will:

Determine what evidence is available in your case (i.e., 911 calls, surveillance footage, eyewitness testimony, and victim testimony) and what it means for the prosecution’s case against you;
Determine if you have grounds to fight to keep the prosecution’s evidence out of court;
Evaluate the viability of all potential defenses, including defenses based on “fighting words” and self-defense;
Explain the penalties (and other consequences) you will face if you get convicted; and,
Explain the implications of New Jersey’s No Early Release Act (NERA), which requires defendants to serve 85 percent of their sentence in certain cases.

Again, these are just examples. Assault cases are complicated, and defending yourself effectively requires an informed, strategic, and proactive approach. To help ensure that your New Jersey assault lawyer will be able to pursue all viable defense strategies on your behalf, you should schedule a confidential initial consultation as soon as possible.

Contact Us for a Free Consultation

If you have been charged with assault in New Jersey, our certified criminal trial attorneys can help you fight to avoid a criminal conviction. To get started with a free and confidential consultation, call 877-435-6371 or contact us online now to speak with a New Jersey assault lawyer in confidence.

Q&A with an Experienced New Jersey Assault Lawyer

What are the different types of assault charges in New Jersey, and what is the difference between simple and aggravated assault?

In New Jersey, assault charges generally fall into one of two categories: simple assault or aggravated assault. Simple assault involves either attempting to cause bodily injury, attempting to cause fear of imminent serious bodily injury, purposely or recklessly causing bodily injury, or negligently causing bodily injury with a deadly weapon.

Aggravated assault is a much more serious offense. While aggravated assault charges can involve a variety of different allegations, some of the most common allegations include attempting to cause serious bodily injury, purposely or recklessly causing bodily injury with a deadly weapon, and purposely causing injury under circumstances manifesting extreme indifference to the value of human life.

What are the potential penalties (fines, jail time, etc.) for a conviction of simple or aggravated assault in New Jersey?

Simple assault is classified as a disorderly persons offense in most cases. This means that it carries up to 6 months of jail time, up to a $1,000 fine, and the possibility of restitution.

Depending on the specific allegations at issue, aggravated assault can be prosecuted as a fourth-degree, third-degree or second-degree indictable offense. This means that it can carry penalties ranging from 18 months in prison and a $10,000 fine to 10 years in prison and a $150,000 fine.

What legal defenses might be available to someone charged with assault in New Jersey (e.g., self-defense, defense of others)?

Self-defense and defense of others can both serve as defenses to assault charges in appropriate circumstances. These are “affirmative” defenses, which means that they involve justifying an act that would otherwise be punishable as assault under New Jersey law.

But there are other ways to defend against assault charges in New Jersey as well. For example, if prosecutors do not have the evidence they need to convict you—or if the prosecution’s evidence is inadmissible in court because the police violated your constitutional rights—this can serve as a defense to any simple or aggravated assault charge as well.

If I'm charged with assault, what should I do (and not do) before speaking with a lawyer?

If you have been charged with assault, it is important that you retain a New Jersey assault lawyer as soon as possible. Until you speak with a lawyer, you should exercise your right to remain silent, and you should avoid discussing your case with anyone (this includes discussing your case on social media).

What is a "No-Contact Order" or "Restraining Order," and how will an assault charge affect my ability to communicate with the alleged victim?

A "No-Contact Order" or "Restraining Order” is a court order that prohibits you from engaging in certain specified conduct—such as communicating with the alleged victim. If you have a "No-Contact Order" or "Restraining Order” issued against you after an assault arrest, it is extremely important that you comply with the order—even if you believe it is wrongful. Violating a court order while your assault case is pending can lead to an additional charge (and additional penalties).