Union County Simple Assault Lawyer
NJ Criminal Defense Attorney & Former Union County Prosecutor
The basic legal definition of simple assault is an assault that is not coupled with any aggravating circumstances such as a deadly weapon or serious bodily injury. When assault is coupled with aggravated circumstances it is called aggravated assault which is a different crime that carries different penalties .
My name is Anthony N. Palumbo, and I am a Union County assault defense lawyer. I have tried and obtained reduced charges for more than 5,000 assault cases in New Jersey. Whether you have been charged with aggravated assault, simple assault, aggravated assault with a deadly weapon, aggravated indecent assault, assault by auto, sexual assault, or any other assault charge, I can assist in your defense.
On most occasions I have been able to get my clients' charges dropped, fines reduced, and jail time eliminated. I know how the prosecution works and I have knowledge of which defenses are most effective in fighting your assault case. Contact me today for a free initial consultation by phone or in person at 1-866-664-8118. I defend individuals throughout New Jersey including the towns in Union County, Linden, Rahway, Roselle Park, Elizabeth, Roselle, Cranford, Mountainside, Clark, Hillside, Westfield, and Scotch Plains.
Union County Simple Assault
Under N.J.S.A. 2C:12-1, the applicable statute in simple assault, a person will be guilty of simple assault if he: (1) attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another person; or (2) negligently causes bodily injury to another person with a deadly weapon; or (3) attempts by physical danger to put another in fear of imminent serious bodily injury. Any one of the above three acts will constitute simple assault in Union County.
Union County Penalties on Conviction
Most of the time simple assault is a disorderly persons offense which carries the following penalties: (1) $1,000 in fines; and (2) up to 6 months in prison. However, like aggravated assault, the charges for simple assault vary greatly based on the circumstances surrounding the crime. Below is a breakdown of simple assault and the charges that result based on varying circumstances.
Petty disorderly persons offense: Assault is a petty disorderly persons offense if it occurs during a consensual fight. This charge carries penalties of up to 30 days in prison.
Fourth Degree Crime: Assault is a fourth degree crime if it occurs on a public official like a police officer. A fourth degree crime carries penalties of up to 18 months in prison .
Third Degree Offense: Assault is a third degree crime if it occurs on a public official and the official sustained bodily injury. A third degree crime carries penalties of 3 to 5 years in prison.
Common Questions & Answers
Will the penalties be increased if I assault an elderly person?
Yes. The circumstances surrounding the assault are determinative of the resulting charge. If a person assaults an institutionalized elderly person, the charge will be upgraded to a fourth degree crime.
Will the penalties be increased if the assault was religious or gender based?
Yes. A person who assaults someone with the purpose to intimidate because of a person's race, color, religion, gender, handicap, sexual orientation or ethnicity will be subject to increased charges. In such a case, simple assault is a fourth degree crime.
Can a simple assault ever arise negligently?
Yes. Simple assault can rise negligently, but only when a deadly weapon is involved. A deadly weapon is a weapon that can kill someone, cause serious bodily injury, or cause a victim to reasonably believe that the weapon will cause death or serious bodily injury. A negligent assault occurs when a person inflicts bodily injury with a deadly weapon in a situation that involves the knowing, substantial, and unjustifiable risk of injury.
Still have questions? Contact me for a free initial consultation by phone or in person at 1-866-664-8118. I have extensive experience handling assault crimes. In addition to my private criminal practice, I am a former county and municipal court prosecutor, and a current public defender which has given me vast experience and knowledge of both sides of the law. Palumbo & Renaud is located on 190 North Avenue, Cranford, New Jersey 07016 and 740 Newark Avenue, Elizabeth, New Jersey 07208.
I handle all types of assault related offenses including:
- Aggravated Assault
- Sexual Assault
- Auto Assault
- Weapons Offenses
- Resisting an Arrest
- Eluding an Officer
- Obstructing Justice
My offices are located in Cranford and Elizabeth, New Jersey, at 190 North Ave. E., Cranford, New Jersey, 07016 & 740 Newark Ave., Elizabeth, New Jersey, 07208.
The Palumbo & Renaud law firm defends individuals accused of assault offenses throughout New Jersey including Union County, Middlesex County, Monmouth County, Essex County, Somerset County, the towns of Elizabeth, Woodbridge, Linden, Rahway, Clark, Roselle, Roselle Park, Springfield, Kenilworth, Union, and Scotch Plains.