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Putterman Legal

New Jersey Assault Defense Attorney

Arrested for Assault in New Jersey? Contact Putterman Legal Today

At Putterman Legal, our New Jersey assault defense attorney is a knowledgeable, experienced advocate for clients. Assault can be a serious criminal charge in New Jersey. It is imperative that you have reliable representation. If you or your loved one was arrested and charged with assault, please do not hesitate to contact our New Jersey defense lawyer for a fully confidential consultation.

What to Know About Assault Charges in New Jersey

An assault allegation is a serious matter. In New Jersey, the offense is prosecuted under N.J.S.A. 2C:12-1. The statute creates two main categories of offense under state law. Those two classifications of assault are: simple assault (less serious) and aggravated assault (more serious). Still, both charges in New Jersey carry severe consequences that can include jail time, fines, and a permanent criminal record.

In determining penalties in any given assault case, New Jersey courts evaluate the level of harm, the intent of the defendant, and the specific circumstances surrounding the incident. Understanding how prosecutors build their prosecution’s case can help you prepare a stronger defense strategy.

Here is a more detailed overview of the charges:

  • Simple Assault: Simple assault occurs when a person attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another. It also applies when a person negligently causes bodily injury with a deadly weapon, or attempts by physical menace to place another in fear of imminent serious bodily injury. Simple assault is generally a disorderly persons offense that is punishable by up to six months in jail and fines up to $1,000.
  • Aggravated Assault: The more serious charge, aggravated assault, may be brought when a person causes serious bodily injury, attempts to cause such injury, or uses a deadly weapon. Notably, in New Jersey, assaulting police officers, firefighters, teachers, or other protected classes automatically elevates charges. Aggravated assault is an indictable crime ranging from fourth-degree aggravated assault to second-degree aggravated assault. In other words, it is New Jersey’s version of a felony.

Common Scenarios Leading to Assault Charges

Many people face assault charges after situations that escalated unexpectedly. Bar fights, domestic violence incidents, and arguments that turn physical can all result in criminal charges. Sometimes, charges are filed even when the alleged victim was the aggressor or when both parties were equally involved in the altercation.

Law enforcement officers often make arrests based on initial complaints without fully investigating the alleged incident. This means innocent people can find themselves facing serious criminal penalties. The circumstances surrounding your arrest matter significantly when building your defense.

Even minor physical contact can lead to charges in New Jersey if someone claims they felt threatened or injured. Prosecutors may pursue assault charges based solely on witness testimony, even without visible injuries or medical records to support the allegations.

Understanding Different Degrees of Aggravated Assault

Aggravated assault charges vary in severity based on the circumstances. Second-degree aggravated assault is the most serious form, typically involving serious bodily injury or assault committed against a police officer. This second-degree charge can result in a prison sentence of five to ten years.

Third-degree aggravated assault applies when someone causes bodily injury with a deadly weapon or causes injury to certain protected individuals. A third-degree crime carries three to five years of incarceration. Third-degree offense cases often involve weapons or specific victim categories.

Fourth-degree aggravated assault is the least severe aggravated charge, but still serious. A fourth-degree crime may apply when someone recklessly causes bodily injury with a deadly weapon. This fourth-degree offense can result in up to 18 months of incarceration.

Defenses Against an Assault Charge in New Jersey

You have the right to defend yourself against an assault case. Remember, a criminal charge is fundamentally an allegation. Any person facing an aggravated assault charge or simple assault charge is presumed innocent until proven guilty. The burden of proof rests on the shoulders of the prosecution.

There are a number of different potential defenses against an assault charge, including lack of evidence, mistaken identity, self defense, mutual combat, and a violation of your rights. A top-tier New Jersey assault lawyer will help you explore every potential defense and determine the best strategy in your case.

Self-defense is one of the most common and effective defenses against assault in New Jersey cases. New Jersey law recognizes your right to protect yourself from harm. If you used reasonable force to defend yourself against an attack, you should not face a criminal conviction.

Our experienced criminal defense lawyer understands how to challenge the prosecution’s evidence and present a compelling self-defense argument. Whether you faced a simple assault offense or an aggravated assault charge, protecting yourself is a fundamental right under New Jersey criminal law.

The Impact of an Assault Conviction on Your Future

A simple assault conviction or an aggravated assault conviction creates lasting collateral consequences beyond jail time and fines. A criminal record can affect your employment opportunities, professional licenses, housing applications, and educational prospects. Many employers conduct background checks and may refuse to hire someone with a violent crime conviction.

If you work in healthcare, education, or other licensed professions, an assault conviction could result in losing your license. This means losing your career and livelihood. Immigration status can also be affected, potentially leading to deportation for non-citizens.

Family court matters, including custody disputes, can be heavily influenced by assault convictions. The other parent may use your prior criminal record to argue against your visitation rights or custody arrangements. These long-term serious penalties make it important to aggressively fight the charges with experienced legal representation.

Why You Need a Criminal Defense Attorney Immediately

Time is critical when facing assault charges. Evidence can disappear, witness memories fade, and opportunities to challenge the prosecution’s case diminish with each passing day. Having a criminal defense attorney from the beginning protects your rights and strengthens your defense.

Police questioning can be dangerous without legal representation present. Anything you say can be used against you in court, and law enforcement officers are trained to elicit incriminating statements. Your assault lawyer will handle all communications with police and prosecutors, ensuring your rights are protected.

An experienced criminal defense lawyer understands the local court system, prosecutors, and judges. This knowledge helps in negotiating favorable outcomes, identifying weaknesses in the prosecution’s evidence, and presenting your defense effectively.

How Our Law Firm Handles Simple and Aggravated Assault Cases

At our law firm, we understand that simple or aggravated assault charges require different approaches. A simple assault involves less severe circumstances but still demands serious attention. Our law office treats every simple assault offense with the dedication it deserves.

For aggravated assault cases, our legal team employs more intensive investigation and defense strategies. We examine every detail of the alleged incident, from witness testimony to physical evidence. Our experienced defense attorney team includes former prosecutors who understand both sides of the criminal justice system.

We guide clients through the entire process, from arrest to resolution. Our law office provides legal assistance at every stage, ensuring you understand your options and rights. Whether facing petty disorderly persons offenses or serious aggravated assault charge accusations, our experienced attorneys are prepared to help.

Related Criminal Offenses and Their Penalties

Assault in New Jersey often overlaps with other criminal offenses. Domestic violence cases frequently involve simple or aggravated assault charges. Sexual assault is a separate but related offense that carries even more severe penalties. Understanding how these charges interact matters when building your defense.

Auto assault, or assault involving vehicles, represents another serious category. When someone uses a vehicle as a weapon, prosecutors may pursue aggravated assault charges. These cases often result in second-degree or third-degree charges depending on the injuries caused.

Petty disorderly persons offenses are less serious than disorderly persons offense charges, but still create a criminal record. Our criminal defense lawyers handle all levels of charges, from minor offenses to serious felonies.

How New Jersey Assault Lawyer Bonnie Putterman Can Help

Facing an assault charge can be stressful, frustrating, and altogether overwhelming. An assault charge can and should be defended. Our founder and lead attorney, Bonnie Putterman, can help. With a proven record of client testimonials, we put an emphasis on proactive advocacy.

Along with other things, our New Jersey assault defense attorney is prepared to: 

  • Conduct a comprehensive, confidential review and evaluation of your assault case; 
  • Investigate the assault charges, securing evidence to raise your defense; 
  • Handle all correspondence with police and prosecutors; and
  • Develop a personalized assault defense strategy focused on getting the best outcome. 

Every case receives individualized attention. We don’t use cookie-cutter strategies or treat you like just another case number. Your circumstances are unique, and your effective defense strategy should reflect that.

What to Expect During the Legal Process

The legal process for assault charges typically begins with your arrest and booking. You’ll be fingerprinted, photographed, and may be held in custody until a bail hearing. At the bail hearing, the judge decides whether you can be released and under what conditions.

Your first court appearance is the arraignment, where charges are formally read, and you enter a plea. Most defendants plead not guilty at this stage. Your criminal defense attorney will receive discovery materials from the prosecution, including police reports, witness testimony, and any video evidence.

Pre-trial motions may be filed to suppress evidence, dismiss charges, or limit what the prosecution can present at trial. Many assault cases are resolved through plea negotiations, where your New Jersey assault lawyer works to reduce charges or minimize criminal penalties. If your case goes to trial, your attorney will present your defense to a judge or jury.

Why Choose Our New Jersey Criminal Defense Attorneys

Our New Jersey criminal defense attorneys bring decades of combined experience to every case. We understand criminal law and know how to aggressively fight for our clients. Our law firm has successfully defended clients against simple assault, aggravated assault, and related charges throughout New Jersey.

We offer a free consultation to discuss your case and explain your options. During this free consultation, we review the facts, answer your questions, and outline potential defense strategies. This free consultation comes with no obligation and complete confidentiality.

Our law office serves clients throughout New Jersey, handling cases in municipal courts and superior courts statewide. Whether you face a disorderly persons offense or a serious aggravated assault charge, our experienced attorneys are ready to help.

Assault Charges in New Jersey: Frequently Asked Questions (FAQs)

What is the difference between simple and aggravated assault in New Jersey?

Simple assault usually involves minor injuries or threats of harm. On the other hand, aggravated assault involves serious bodily injury, the use of a weapon, or assault on a protected person such as a police officer. The penalties for aggravated assault are far more severe.

Can I go to jail for simple assault in New Jersey?

Yes. That is true even though simple assault is a disorderly persons offense. It is punishable by up to six months in jail and fines of up to $1,000. Jail time can be avoided in many simple assault cases. Our New Jersey criminal defense attorney can help.

What counts as “serious bodily injury” under New Jersey law?

Serious bodily injury is defined as creating a substantial risk of death or causing permanent disfigurement, impairment, or protracted loss of function.

Can assault charges be dropped in New Jersey?

Yes, assault charges can sometimes be dropped or dismissed. This may happen if the alleged victim refuses to cooperate, the evidence is insufficient, or your attorney successfully challenges the charges. However, prosecutors can proceed even without the victim’s cooperation if they have other evidence.

What should I do if I’m falsely accused of assault?

Contact a criminal defense lawyer immediately, and do not speak to the police without legal representation. Gather any evidence that supports your innocence, including text messages, emails, photos, or witness information. Your assault lawyer will investigate the false allegations and work to clear your name.

How does a prior criminal record affect my assault case?

A prior criminal record can influence sentencing if you’re convicted. Judges may impose harsher penalties for repeat offenders. However, your criminal defense attorney can argue for leniency based on the circumstances of your current case and your history since any prior convictions.

What is the simple assault statute in New Jersey?

The simple assault statute is found in N.J.S.A. 2C:12-1(a). This law defines when simple assault occurs and establishes the penalties. Understanding this statute helps in building your defense against simple assault allegations.

Get Legal Assistance from Our Experienced Law Office

Our law office provides comprehensive legal assistance for all assault cases in New Jersey. We understand the criminal justice system and know how to protect your rights. Our team includes former prosecutors who bring valuable insight into how the other side thinks.

We handle simple or aggravated assault cases with equal dedication. Whether you face a minor disorderly persons offense or a more serious offense like second-degree aggravated assault, our legal team is prepared. We guide you through the entire process, from initial arrest to final resolution.

Contact us today for a free consultation. During this free consultation, we discuss your case details, explain your legal options, and answer all your questions. Our law firm is committed to providing the strongest possible defense for every client.

Contact Our New Jersey Assault Defense Lawyer Today

At Putterman Legal, our New Jersey assault lawyer is standing by, ready to get started on your case. Facing an assault charge? You do not have to go up against police or prosecutors alone. Call us now at (609) 625-8383 or contact us online for a free consultation to arrange your strictly private, no obligation initial consultation. We defend assault charges throughout New Jersey.

Our law office handles all types of assault cases, from simple assault to aggravated assault. Whether you need help with self defense claims, challenging witness testimony, or exploring other defense options, our experienced criminal defense attorneys are here to help. Contact our law firm today for your free consultation.

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