Simple Assault Charge Nj - With New Jersey impacted by the coronavirus, our company is fully functional and operating remotely. Call us for a free consultation with one of our attorneys or contact us online.
Have you been arrested and charged with simple assault in Hoboken? Have you also been served with a temporary restraining order (TRO) scheduled for trial in Hudson County Superior Court in Jersey City? We can help.
Simple Assault Charge Nj
These two are related separate events. First, a restraining order is civil in nature and is handled in the superior court in the family division of the county in which it is filed. To have jurisdiction under the Domestic Violence Act, the parties must be in a dating relationship, live together, or have children together. A hearing is scheduled before a judge to determine whether a Final Restraining Order (FRO) should be issued. Final injunctions in New Jersey are permanent and do not expire. They can also lead to immigration consequences if the defendant is not a United States citizen.
Aggravated Assault And Potential Defenses
A simple assault charge, on the other hand, is a misdemeanor criminal charge in New Jersey (known as a disorderly persons offense) that can be handled in the local municipal court of the city where the accused is located (in this case Hoboken). . The defendant faces a fine of up to $1,000, up to six (6) months in the Hudson County Jail, possible probation and a permanent felony charge on his record (which can be expunged after 3-5 years in some cases. )
Here, the defendant and his girlfriend got into an argument, and he called the police. Basically, they broke up and had to go their separate ways. Fortunately, he was not injured in the alleged attack and was able to negotiate a dismissal of the felony charges in Hoboken Municipal Court. Additionally, we negotiated a civil injunction agreement to resolve the injunction issue, and the temporary injunction was dismissed.
This Civil Control Agreement is essentially a signed and recorded communication between the parties. It describes how the parties will negotiate moving forward (whatever that may be), and it also outlines the division of their personal property.
Based on the agreement, both the restraining order and the simple assault criminal case were dismissed. The client has no criminal record in this incident. Additionally, he was able to file an expedited expungement to have the simple assault arrest immediately removed from his record.
Jersey City Councilman Charged With Simple Assault
If you or a loved one is involved in a domestic violence dispute and the police are called, contact us at 908-336-5008 for immediate assistance. An initial consultation is always free.
Travis J. Dormy is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in various major publications and media outlets including CBS Radio, AOL News, Asbury Park Press, NJ.com and the Daily Record. Mr. Dormy is approved. Whether representing victims or the wrongly accused, Travis is passionately committed to protecting the rights of the innocent.
Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick). (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidre), Ocean County (Toms River), Burlington Toms River ) Mount Holly), and throughout NJ. Our company is fully operational and working remotely amid the coronavirus affecting New Jersey. Call us for a free consultation with one of our attorneys or contact us online.
Dormy Law Firm has once again helped a client avoid a criminal record. Our client was charged with assault following a dispute over a parking space in Bloomsbury Borough. Later, when the police reached the spot and contacted him, he said that he was not there when the incident took place. After investigating the incident and interviewing the victim and witnesses, our client was charged with misdemeanor disorderly conduct, disorderly conduct and simple assault for providing false information to the police. Fortunately, our client contacted our experienced criminal defense team and was able to get the charge reduced to a municipal ordinance violation with no criminal record incurred.
Point Boro Police Charge Man With Simple Assault At Restaurant
N.J.S.A. Pursuant to 2C:12-1(a), a person is guilty of simple assault by a disorderly person if he knowingly or recklessly causes bodily injury to another or intentionally assaults another; 2) negligently inflicts bodily injury on another with a deadly weapon; or 3) attempts to place another in fear of imminent serious bodily injury by physical threat. Regarding prohibition, N.J.S.A. According to 2C:29-3(b)(4), a person commits the crime of disorderly person if he provides false information to law enforcement with the intent to prevent his own detention, arrest, investigation, prosecution, conviction, or sentence. A traffic violation. officer or civil state investigator.
Both of our clients' charges, while classified as disorderly persons offenses, would have resulted in fines, jail time and a permanent criminal record. Specifically, convictions for disorderly person offenses such as common assault and providing false information to a law enforcement officer carry a fine of up to $1,000 and up to 6 months in prison. However, after meeting with the attorney and discussing the case, our attorneys were able to negotiate a reduction of the charge to a municipal ordinance violation, which carries fines, jail time, and no criminal record.
If you have been charged with a disorderly person offense, such as common assault or disorderly conduct, contact an experienced attorney at Tormey Law Firm to learn how to defend your case and work to avoid a criminal record.
With unparalleled knowledge and experience in legal practice, the experienced attorneys at Dormy Law Firm are committed to serving their clients and vigorously fighting the charges against them.
Frank Gore Charged With Simple Assault After Domestic Violence Incident In New Jersey
We will examine every aspect of your case to protect your constitutional rights and reputation. With dedicated legal counsel to assist you, our lawyers will ensure that you are not forced to go through a complex legal process on your own.
If you have been charged with a felony, disorderly persons offense, or traffic/DWI violation, you have the right to an attorney who will defend you against the charges and fight for your interests. To learn more about how your accuser can fight to have your charges dismissed or reduced, click the link below to view our video library of legal defenses and strategies.
Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Morristown, Danville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Elmwood Park, Elmwood Garfield, Elmwood Park, Garfield, Elmwood, Garfield, Elmwood Park, Elmwood Park, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton and Wayne. In New Jersey, simple assault [N.J.S.A. 2C:12-1(a)] is a violent crime. Often, simple assault is one of the less serious violent crimes in the state, but the conviction can still lead to jail time, fines and a criminal record. Therefore, anyone charged with simple assault in New Jersey should contact a criminal defense attorney to help get the charges reduced or reduced.
Thus, simple assault includes any type of intentional or reckless harm or threat of harm to another. The most common type of simple attack is the fist.
Assault In New Jersey
Simple assault is a disorderly person offense in New Jersey. Therefore, a conviction can result in a prison sentence of up to 6 months and a fine of up to $1,000. If the charge is the result of an argument agreed upon by both parties, it is a petty disorderly persons offence. In that case, the maximum penalties include up to 30 days in jail and a $500 fine.
If the conditions meet the criteria for simple assault, but the act is committed in the presence of a child (under the age of 16), the charge can be upgraded to aggravated assault, a more serious crime. The same is true if the action is against a police officer, a school board member or a school employee, a bus driver or some other person.
Prosecutors have the burden of proving whether a person is guilty of simple assault. A good argument includes drilling holes in the defense's argument, throwing out evidence, and presenting witness testimony on behalf of the accused. The exact defense depends on the particulars of the case. In many cases, the best defense is to negotiate a lower charge for a lesser offense, preferably one that does not result in jail time and/or a criminal record.
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