Cherry Hill Simple Assault Attorney
Simple assault is probably the most common disorderly persons offense in municipal courts in Camden County next to possession of marijuana. Notwithstanding, our attorneys have considerable success in getting simple assault offenses downgraded and/or dismissed in Bellmawr, Gibbsboro, Gloucester City, Stratford, Voorhees or elsewhere in Camden County. Outcomes like these are imperative for anyone charged under N.J.S.A. 2C:12-1 as a conviction has significant ramifications, including a record of violence. So whether your alteration was the result of an incident of domestic violence, a street fight, or a physical encounter with a neighbor, give us a call. One of our former prosecutors will gladly provide a free consultation and go over all the parameters of what you are facing. Our Cherry Hill simple assault lawyers can be reached 24/7 at 856-662-8300.
Simple Assault Charge in Camden County
Under N.J.S.A. 2C:12-1, a person is guilty of simple assault if he or she attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another. Simple assault can also result from negligent conduct where the injury is caused by a deadly weapon. Lastly, a person can be convicted of simple assault if they attempt, by physical menace, to put another in fear of imminent serious bodily injury.
- Bodily Injury. Bodily injury is any injury or pain beyond trauma that is purely emotional. Even momentary pain that almost immediately disappears is considered “bodily injury” under the New Jersey Simple Assault Law.
- Deadly Weapon. Deadly weapon is defined as any firearm or other weapon, device, instrument, material or substance which in the manner used or intended to be used is capable of producing death or serious injury. It should be pointed out, however, that an automobile is not considered a deadly weapon under this section. There is an entirely separate Assault by Auto provision that applies where motor vehicles are the mechanism for an assault.
- Physical Menace. An individual physically menaces when they engage in conduct intended to put another in fear of serious bodily injury. The state must prove that the defendant took a substantial step toward making contact. Imminent means a fear that the serious bodily injury will occur at the time the threats are uttered and not at some time in the future. The defendant must have the apparent present ability to inflict the serious bodily injury. The fear must be reasonably founded under the circumstances.
A simple assault is a disorderly persons offense unless it is committed on a police officer or other public official. When this status exists on the part of the victim, the conduct results in Aggravated Assault. Conversely, when the altercation is the result of a fight or scuffle by mutual consent, simple assault is a petty disorderly persons offense.
Penalties That Apply To Simple Assault in Winslow & Elsewhere
Under 2C:43-3, a conviction for a disorderly persons offense in Winslow for simple assault or in another municipal court will subject you to a $1,000 fine and up to six months in the Camden County Jail. A petty disorderly persons offense for violating 2C:12-1 results in a maximum fine of $500 and up to 90 days in jail. Both grades of simple assault result in a criminal record as well.
Pennsauken Simple Assault Lawyers
If you are dealing with a simple assault charge in the municipal court of Haddonfield, Pine Hill, Audubon, Somerdale, Mt. Ephraim or another jurisdiction, you need to hire an attorney to protect your interests. A lawyer who is skilled in the defense of simple assault charges like those at our firm are capable of accomplishing considerable in 2C:12-1 cases. At the Law Offices of Jonathan F. Marshall, we have been defending simple assault offenses for many decades and are prepared to do what is necessary to successfully defend your violation. To reach one of our Pennsauken simple assault attorneys, call us at 856-662-8300 for a free consultation.