Assault Defense Attorneys in New Jersey
Assault is one of the most serious crimes that a person in the state of New Jersey can face. If you have been charged with assault, the consequences you face can be quite serious and life-changing. It is important to fight these charges by exploring the facts of the case and the legal defenses available to free a person altogether. If you or a loved one have been arrested for anything from a simple assault charge to an aggravated assault arrest, it is important to consult with an attorney with experience. The legal team at Thomas DeMarco & Associates, LLC is here to represent your interests and protect your future. Contact our office today to discuss your case.
Types of Assault in NJ
There are many different categories that an assault can fall into in New Jersey. The different forms of assault vary in severity and consequences. In fact, many individuals face serious assault charges when they cause no actual physical harm. Under NJ law, failed assault attempts can merit criminal charges, as can any threats that cause victims to fear for their safety, such as proffering a weapon during the commission of a crime. Some common assault charges include the following:
Simple assault ― These crimes are generally the least serious. They do not typically involve the use of a weapon, and they cause relatively little harm. According to NJ 2C:12:1, simple assault is defined by a person who:
Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
Negligently causes bodily injury to another with a deadly weapon; or
Attempts by physical menace to input fear of imminent serious bodily injury
Aggravated assault ― An aggravated assault charge requires an individual to purposely or knowingly cause injury to another individual with a deadly weapon.
Sexual assault ― Depending on the age of the perpetrator, even consensual sex is a first-degree crime in NJ when it involves children under age 13. This is just one example of aggravated sexual assault. Unfortunately, false accusations of sexual assault are relatively common.
Domestic assault — Even when alleged victims of domestic assault make false accusations, such as during a heated divorce, they cannot retract the charges once police place an individual under arrest. Actual physical harm is not necessary to qualify for domestic assault charges, which can include stalking, harassment or making threats. In the short-term, the person charged faces a restraining order, while convictions lead to harsh penalties and a severely damaged future.
Penalties for NJ Assault Crimes
The penalties for assault crimes vary widely based on many factors. While even simple assault convictions can lead to restitution, probation, up to six months in jail, community service and fines, first-degree assault penalties can include 10 to 20 years in prison and fines up to $200,000.
How can a simple assault be upgraded?
Of course, the act of intentionally using a deadly weapon to cause another individual harm is much more serious than a simple assault charge and therefore, has far more serious consequences. An aggravated assault conviction may result in imprisonment for 5 to 10 years with the additional clause of the No Early Release Act that requires individuals to serve at least 85 percent of his or her sentence.
Contact a NJ Assault Defense Attorney
If you have been charged with an assault crime in the state of New Jersey, it is critical to have an attorney represent your interests. Even if you are innocent of all charges, you need immediate representation by a skilled criminal defense lawyer to protect your rights throughout the criminal justice process. Contact Thomas DeMarco & Associates, LLC today for the experienced and compassionate legal defense you need when it matters most.