Simple Assault: NJSA 2C:12-1(a)
The Law Office of Todd Palumbo defends those arrested and charged with simple assault in New Jersey. Simple Assault is a New Jersey disorderly persons offense. A disorderly persons charge can be thought of as misdemeanor. The municipal court has jurisdiction in this type of case. Conviction for simple assault in violation of NJSA 2C:12-1(a) will appear on the defendant’s criminal record. If charged with simple assault, the accused faces up to 6 months in jail, a fine of up to $1000, community service, and probation.
As an experienced New Jersey criminal defense and municipal court lawyer. There are a few reoccurring simple assault fact patterns that I see over and over again. In Newark for example, I have defended several individuals charged with simple assault in connection with an altercation during or after a Prudential Center event. Usually alcohol is involve, but not always. In many instances, simple assault is charged as a result of a fight . I am frequently able to win this type of simple assault case based on a theory of self defense. In the alternative, I can negotiate with the prosecutor to obtain a dismissal of the charge or downgrade the offense to a municipal ordinance violation (no criminal record). If the accuser has made the complaint with bad motive or fabricated the charges, I can attempt to expose them during cross examination at trial.
Domestic violence simple assault complaints are also common. I am a NJ attorney who has handled numerous domestic violence simple assault matters. Given the charged atmosphere that typically accompanies this kind of case, it is important to prepare carefully. I trial may be necessary. If plea negotiations are the prudent decision, you can be assured that I will work to obtain the best possible offer, including in many instances, a dismissal.
If you are facing a restraining order in the superior court in addition to your simple assault complaint, you should take action quickly and obtain representation. If a final restraining order is entered against you, the consequences are far reaching. It is imperative that you take the steps to protect your interest.
If you or a loved one has been charged with simple assault in NJ, please call my office 24 hrs for a free consultation. Do not be fooled into thinking that this is a “no big deal” situation. The penalties are serious and a criminal record can result if convicted.
Simple Assault: N.J.S.A. 2C:12-1
In New Jersey, Simple Assault is governed by N.J.S.A. 2C:12-1 which states in pertinent part:
§ 2C:12-1. Assault
a. Simple assault. A person is guilty of assault if he:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.