Simple Assault Lawyers in West Windsor NJ

Charged with Assault in West Windsor, New Jersey?

Looking for Local West Windsor Simple Assault AttorneyArguments are going to happen, especially between loved ones, that is just a part of life. However, when an argument turns physical, things can quickly get out of hand and one of the parties could find themselves being charged with simple assault. If you have been placed in handcuffs, haled off in the back of a police car and charged with simple assault in West Windsor, you are not alone. Although simple assault is the lowest level assault charge in New Jersey, it does have rather devastating consequences for anyone convicted.

Furthermore, if the incident is categorized as an “act of domestic violence” then the individual could also find themselves being served with a temporary restraining order (TRO) and/or being detained in the County Jail pending a detention hearing. For more information on restraining orders and detention hearings, please see below. If you have unfortunately found yourself being charged with simple assault in West Windsor and you would like to speak to one the criminal defense attorneys at Proetta & Oliver about your options, then please do not hesitate to contact our office at 609-789-0779. One of our attorneys would be glad to go over your options with you and discuss any possible defenses which we may discover. As always, our initial consultations are free of costs, so please do not hesitate to contact us.

Facing a Simple Assault Charge in West Windsor Township?

All simple assault charges will be governed by NJSA 2C:12-1. Pursuant to the statute, there are in essence three different factual scenarios which may lead to an individual being charged with simple assault in New Jersey. The first scenario occurs when it alleged that the Defendant caused or attempted to cause bodily injury to another while acting in a purposely, knowingly or reckless manner. Bodily injury has been defined as physical pain, illness or any impairment of one’s physical condition. The second scenario occurs when it is alleged that the Defendant negligently caused bodily injury to another with a deadly weapon. The third and final scenario occurs when it is alleged that the attempted by physical menace to put another in fear of imminent serious bodily injury. Each one of these scenarios involves different types of conduct but unless the fight is considered “mutual combat”, meaning both parties are equally responsible for the altercation, a Defendant will be facing a disorderly persons offense, which is New Jersey’s version of a misdemeanor.

Penalties for a Simple Assault Conviction in New Jersey

If convicted of a disorderly persons offense simple assault charge in New Jersey, a Defendant will be subject to the following penalties:

  • Six Months in Jail
  • $1,000 Fine
  • Community Service
  • Anger Management
  • $75 Safe Neighborhood Service Fund
  • $50 Victims of Crimes Compensation Fund
  • Probation

If the incident was categorized as mutual combat, a Defendant will be facing a petty disorderly persons offense. A Defendant convicted of a petty disorderly persons offense will be facing the following penalties:

  • Thirty Days in Jail
  • $500 Fine
  • Community Service
  • Anger Management
  • $75 Safe Neighborhood Service Fund
  • $50 Victims of Crimes Compensation Fund
  • Probation

Can I Make Bail on a Simple Assault Charge in NJ?

Pursuant to 2017 bail reform act, anyone charged with simple assault that is classified as an act of domestic violence must be detained in the County Jail until Pretrial Services can conduct an interview. Depending on that interview and the facts of the case, the prosecution has the authority to file for what is known as a Detention Hearing. During this hearing the prosecution will be seeking to convince a Judge that the Defendant must be detained in the County Jail, without bail, pending trial. This obviously could make an already bad situation much worse. That is why we strongly urge that you contact an experienced criminal defense attorney as soon as possible to discuss your options.

What is a Temporary Restraining Order? 

If the simple assault charges are classified as an act of domestic violence, the victim may also be entitled to a temporary restraining order, also known as a TRO. A TRO is an order of protection which would forbid the Defendant from not only having contact with the victim but also could forbid them from returning to their home and even could prevent them from seeing their children. Of course this is on a temporary basis and in order for the protection to be final, a final restraining order hearing must be conducted. This hearing is separate in apart from the criminal charges. For more information on the potential consequences of a final restraining orders, please click the link.

Assault Charge Defense Lawyer in West Windsor NJ

As you can see from reading above, simple assault charges are not something to take lightly. If you or a loved one has unfortunately found themselves being charged with simple assault in West Windsor, the Law Offices of Proetta & Oliver can help. Our attorneys have dedicated their entire careers to defending those accused of serious crimes, including simple assault in courts throughout New Jersey. To schedule a free initial consultation today, please contact our office at 609-789-0779 or you can try contacting us online.