Charged with Simple Assault in Hamilton NJ?
Altercations and arguments are going to happen but when they turn physical, things can quickly escalate out of control. If you have been charged with the offense of simple assault in Hamilton Township it is crucial that you speak to an experienced criminal defense attorney as soon as possible. Simple assault is considered a disorderly persons offense, which is New Jersey’s version of a misdemeanor. So if convicted, not only will a Defendant be scarred with a criminal record but they are also facing up to six months in the Mercer County Jail. To make matters worse, based on the new bail guidelines, if the offense is considered an “act of domestic violence” a Defendant may be forced to spend a few nights in the Mercer County Jail pending pretrial services review of the case. Furthermore, if the prosecution sees fit, they can also seek to detain a Defendant in jail without bail, pending trial. However, in order to do so a Detention Hearing must take place. For more information on detention hearings in Mercer County, please contact our office at 609-789-0779.
Need Local Hamilton Simple Assault Defense Attorney
Whether the altercation took place between loved ones, friends or total strangers, the attorneys at Keith Oliver Criminal Law can help. Our Hamilton Township assault defense lawyers have been defending clients accused of simple assault in courts throughout Mercer County, including towns like Hamilton for years now. If you would like to speak to Mr. Oliver or one of the other criminal defense attorneys on staff then please contact us at 609-789-0779. These are serious offenses and should not be taken lightly. Do not let a lapse in judgement or a misunderstanding ruin your future.
What You Should Know About Simple Assault Cases in Hamilton NJ
The governing statute in New Jersey for simple assault is NJSA 2C:12-1(a). Although simple assault is the lowest level assaultive offense in New Jersey, the penalties if convicted can be life changing. As touched upon above, simple assault is a disorderly persons offense in New Jersey. If convicted, a Defendant would be facing the following penalties:
- 6 Months in the Mercer County Jail
- $1,000 Fine
- $75 Safe Neighborhood Service Assessment
- $30 Law Enforcement Officers Training and Equipment (LEO) Assessment
- $50 Victims of Crimes Compensation Fund (VCCA) Assessment
- Court Mandated Anger Management
- Probation
- Restitution if applicable.
So as you can tell, the potential penalties can be devastating. As such, we strongly recommend that you speak to an experienced criminal defense lawyer about your options prior to going to court. An experienced criminal defense attorney can attack the evidence presented against you in order to workout a desirable result. To speak to one of our attorney today, please contact us at 609-789-0779.
Where do I go to Court for Simple Assault Charge in Hamilton?
Since simple assault charges are disorderly persons offenses, the local municipal court in the municipality where the incident occurred will have jurisdiction over the matter. So if an individual is charged with simple assault in Hamilton Township, they will be forced to defend their charges in the Hamilton Municipal Court which is located at 1270 Whitehorse Avenue. If you need to get into contact the Hamilton Municipal Court they can be reached at 609-581-4071.
Elements for a Simple Assault Offense in New Jersey
The offense of simple assault is broken down into three different subsections. They are as follows:
- NJSA 2C:12-1a(1): Before a Defendant can be convicted of this subsection, the prosecution must prove beyond a reasonable doubt that the Defendant either caused or attempted to cause bodily injury to another and in doing so, they acted purposely or knowingly or recklessly.
- NJSA 2C:12-1a(2): In order to be convicted of this subsection of the simple assault statute in New Jersey, the prosecution must prove beyond a reasonable doubt that the Defendant was negligently using a deadly weapon when they caused bodily injury to the victim.
- NJSA 2C:12-1a(3): Before a Defendant can be convicted of this subsection of simple assault in New Jersey, the prosecution must prove that the Defendant purposely attempted to put the victim in fear of imminent serious bodily injury.
Served with a Temporary Restraining Order for Simple Assault Allegation in Hamilton
It is very common to see a victim of a simple assault domestic violence case seek out a temporary restraining order. If this is to occur, the defendant would be forced to litigate two separate cases despite the fact that they derive from the same set of facts and involve the same parties. All temporary restraining orders issued in Hamilton Township will be sent to the Chancery Division, Family Part of the Mercer County Superior Court for a final restraining order hearing. Therefore, not only will the defendant be forced to litigate two separate cases but they will also be forced to litigate them in two separate courts as well. If a defendant is charged criminally and served with a TRO based on a domestic violence simple assault allegation we strongly urge you consult with an attorney as soon as possible. Any statements made by the Defendant during a Final Restraining Order Hearing could be used against them if they choose to take the stand during their criminal trial.
Denied Bail on a Simple Assault Charge in Mercer County
New Jersey’s Bail Reform Act makes it more realistic for a Defendant to be denied bail and held in custody pending trial for a simple assault charge, especially if the offense is classified as an Act of Domestic Violence. Our bail system is now geared towards a risk assessment as opposed to a pure cash/bond system. If a defendant is charged with simple assault by way of a Complaint-Warrant they must be detained in the Mercer County Jail for at least 24 hours so that Pretrial Services can conduct their risk assessment. That assessment will be used by the prosecution to determine if they will seek to deny the defendant bail. Before the Defendant can be held without bail a formal detention hearing must be held. For more information on detention hearings in Mercer County, please click the link.
Consult with a Simple Assault Lawyer in Hamilton NJ Today
Being charged with a criminal offense can be terrifying, however, you do not need to deal with this situation alone. If you have been charged with simple assault, aggravated assault, terroristic threats, harassment, resisting arrest, possession of marijuana or served with a temporary restraining order in Hamilton, the attorneys at Keith Oliver Criminal Law can help. If you would like to come into our Hamilton office and speak to one of our simple assault defense attorneys about your options then please contact us at 609-789-0779.