South Jersey Simple Assault Lawyers

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Trusted Criminal Defense Lawyers Defend Clients Accused of Simple Assault in Camden County, Burlington County and Throughout New Jersey

Assault is treated as a serious crime in South Jersey.  However, not all crimes of assault are punished equally.  Punishment for simple assault vs. aggravated assault varies depending upon the type of injuries sustained by the victim and the intent of the defendant.  Whether you are charged with simple assault or aggravated assault, you need

Our seasoned criminal defense lawyers at Gelman Law, LLC are committed to defending clients accused of both simple and aggravated assault in South Jersey—with a goal of obtaining a not guilty verdict or having your charges dropped. 

In many cases, the line between simple assault vs. aggravated assault is extremely slim.  Variations in the charge can spell the difference between facing years in prison or mere days if convicted.  Because of the fact-intensive nature of simple and aggravated assault charges, the skill and expertise of your lawyer is critical.

At Gelman Law, LLC, our criminal defense lawyers are here to protect your rights through all phases of the criminal process.  We work tirelessly to defend you both in and out of court. Contact our experienced assault defense lawyers to discuss options in your case today.

Simple Assault vs. Aggravated Assault in Camden County, NJ

Simple assault is a disorderly persons offense punishable by up to six months in jail and/or a $1,000 fine.  If we can establish that the assault occurred during the course of a mutual fight, lesser petty disorderly persons offense charges may apply—reducing the potential jail time to a maximum of 30 days.  A person can be found guilty of simple assault for:

• Attempting to cause bodily injury to someone else, or knowingly, purposely or recklessly causing bodily injury to someone else,
• Negligently causing bodily injury to someone else using a deadly weapon, or
• Attempting to put someone in fear of imminent bodily injury using physical menace.

Aggravated assault charges carry the potential for much more significant penalties and can be graded as a second, third or fourth-degree indictable offense (a felony level crime).  A person can be found guilty of aggravated assault for:

• Attempting to cause serious bodily injury to someone else,
• Causes bodily injury, whether intentionally or unintentionally, under circumstances demonstrating extreme indifference to the value of human life,
• Knowingly or purposely attempting to cause bodily injury to someone else using a deadly weapon,
• Recklessly causing bodily injury (whether serious or not) to someone else using a deadly weapon,
• Pointing a firearm at someone else under circumstances demonstrating extreme indifference to the value of human life,
• Committing simple assault where the victim is a police officer, paid or volunteer firemen who is on-duty, emergency responder, judge or other member of a protected class.

To convict on aggravated assault charges, the prosecution must prove beyond a reasonable doubt that the defendant intended to cause serious bodily harm or contemplated the fact that serious bodily injury might result.  For example, where the defendant’s conduct was reckless, it must be reasonable to believe that the conduct could result in serious bodily injury—as opposed to situations where some other event would have to intervene for serious injury to reasonably result.

Aggravated assault charges, when compared to simple assault charges, are much more complex to defend.  Our lawyers have a proven track record of successfully helping clients in both types of cases. Call us today to get our advice about options in your case.

Experienced Criminal Defense Lawyers Help Clients Navigate Simple Assault Charges in Burlington County, NJ

Both simple assault and aggravated assault are serious crimes of a violent nature.  While the penalties for aggravated assault are much more serious, simple assault charges often accompany other charges—including those involving domestic violence and restraining orders.  

The difference between a simple assault and an aggravated assault charge in New Jersey can turn upon:

• Whether the defendant’s actions can be characterized as reckless rather than negligent,
• Whether the defendant’s actions were merely foolish or demonstrated indifference to the value of human life,
• Characterization of the victim’s injury as serious or severe versus a relatively minor injury,
• Whether some intervening event occurred to cause a serious injury where the defendant’s actions themselves were unlikely to cause extensive injuries.

Aggravated assault charges can be punished as:

• Second-degree crimes, where the range of prison time can range between five and ten years,
• Third-degree crimes, with between three and five years in prison,
• Fourth-degree crimes, with up to 18 months in prison.

What to Expect If You’re Charged With Simple Assault in New Jersey

A simple assault charge is usually heard in municipal court. The case starts with a summons or a complaint-warrant, then a first appearance, discovery, and court dates where your lawyer can negotiate or take the case to trial. Many cases end without a trial, but you should not walk into the first court date without a lawyer.

A conviction can bring up to six months in jail and a fine of up to $1,000. The court can also order:

• Probation
• Restitution to the alleged victim
• Anger-management or counseling programs
• A no-contact order, and in domestic cases a restraining order

The consequences don’t end with the sentence. A simple assault conviction leaves a criminal record that shows up on background checks. That can cost you a job or a professional license, affect your right to own a firearm, and create problems with immigration status. If a restraining order follows, it can affect where you live and when you see your children.

Domestic Violence Simple Assault

When the alleged victim is a spouse, partner, family member or someone you live with, a simple assault is treated as domestic violence. Under New Jersey’s criminal justice reform, police are more likely to charge a domestic violence assault on a warrant instead of a summons, which means you can be held until a judge reviews your release. The court will usually order no contact with the alleged victim, and a separate restraining order case may run in family court at the same time. Follow any no-contact order exactly, even if the other person reaches out to you. A violation is a new criminal charge.

Common Defenses to Simple Assault Charges

Every case turns on its facts, but these are the defenses we raise most often:

• Self-defense or defense of others. New Jersey law allows reasonable force when you reasonably believe it is needed to protect yourself or someone else.
• Mutual fight. If both people willingly fought, the charge can be reduced to a petty disorderly persons offense with a maximum of 30 days in jail.
• Lack of intent. Simple assault requires purposeful, knowing or reckless conduct, or negligence with a deadly weapon. A true accident is not an assault.
• De minimis infraction. A judge can dismiss a charge when the conduct was too trivial to deserve a conviction (N.J.S.A. 2C:2-11).
• False accusation or mistaken identity. These are more common than people think, especially in crowded or emotional situations.
• Statute of limitations. A disorderly persons charge generally must be filed within one year.

Can a Simple Assault Charge Be Dismissed or Downgraded?

Often, yes. Depending on your record and the facts, your lawyer may be able to get:

• A dismissal for lack of evidence
• A downgrade to a petty disorderly persons offense or a non-violent ordinance violation
• Conditional dismissal, a municipal court diversion program for first-time offenders that ends in a dismissal if you complete it
• Probation instead of jail

Which of these is realistic depends on the evidence, so the first step is getting the police reports, witness statements, 911 calls and any video.

Questions to Ask Your Lawyer

When you meet with a criminal defense lawyer about a simple assault charge, ask:

1. Exactly what am I charged with, and what does the prosecutor have to prove?
2. What evidence do they have, and what can we challenge?
3. Could anything I said to the police hurt my case, or be suppressed?
4. Which defenses fit my case?
5. Am I eligible for conditional dismissal or a downgrade?
6. How could a conviction affect my job, license, firearms or immigration status?
7. What can I do right now to help my case?

Contact Our South Jersey Criminal Defense Lawyers for More Information About Simple Assault vs. Aggravated Assault Charges Today

At Gelman Law, LLC, our top-rated criminal defense team will work closely with you to learn what happened in your case.  The difference between simple assault vs. aggravated assault can be crucial in New Jersey. Whether you are facing disorderly persons offense charges or a serious second-degree felony, our lawyers will put all of our resources to work to get the best results possible.

To schedule a confidential consultation with our South Jersey assault defense lawyers, call our office or fill out this online contact form today.

Frequently Asked Questions About Simple Assault vs. Aggravated Assault in Camden County, NJ