Eatontown Assault Lawyer
If you hit someone with or without an object — or even attempt to hit someone — you may need New Jersey assault attorneys to defend an assault charge against you. Assault in New Jersey falls into two categories:
- simple assault
- aggravated assault
Dealing with accusations of serious crimes can be stressful and intimidating, especially if you are facing criminal charges but are clueless of the criminal laws and procedures that govern it. If you are facing assault or battery charges, it is essential to obtain legal representation from a competent New Jersey attorney immediately.
If you were accused of a crime and questioned by the police, they must inform you of your legal rights. The evidence gathered from the interrogation cannot be used against you if you have not been informed of your constitutional rights to remain silent and to seek the legal help of a lawyer. You definitely should, and you need to look for defense lawyers specializing in criminal cases.
Call us at (888) 695 6169 to know how we can help.
Working on Your Defense for Assault Charges
Your criminal defense attorney will discuss your case with you to gather enough information. Generally, you must be able to convince the jury and the prosecutors that you are innocent and did not commit violations of the law.
The following are different defenses that a supposed perpetrator may look into:
- The accused inflicted physical harm in self-defense
- The accused acted to defend a family member, a child, or another individual
- The accused acted to protect one’s belongings against robbery and burglary cases
- The accused did not have any intent to commit or even attempt to cause great bodily harm
In order to reduce punishment, some individuals consider a plea bargain. However, this may not always be the best option. This is why it is important to consult with experienced assault lawyers in New Jersey who will really look into the crimes you have been charged with.
Overview of Being Charged with Assault
Following the criminal code, the clarification of terms in a criminal case is often crucial. This is especially true since assault and battery are often interchanged.
The term assault could refer to an unlawful act that causes another to fear harm, even if there was no physical contact or actual touching, wounding, or punching committed against another. This essentially means that you can be charged with assault even if the other party involved was not physically harmed. Essentially, an individual who threatens to cause serious physical injury to another may eventually have to deal with assault charges.
Actual bodily injury and human life endangerment are generally referred to as battery, which is already a separate but related charge that you may have to deal with.
Depending on the severity, an assailant may face assault and battery charges of varied degrees, especially if the offense was committed against a police officer or other law enforcement officer. In a similar way, assaulting a medical professional, a firefighter, or a school employee may come with more serious consequences for offenders.
When choosing a criminal law attorney who will work on your criminal charges, look for one who has handled assaults with successful outcomes. You need to look for an attorney with whom you are comfortable communicating with since you will stay connected throughout the case. Most importantly, look for someone who has the right skills and a demeanor worthy of your complete trust.
What Is Simple Assault?
Under 2C:12-1a, the court can find you guilty of simple assault if you:
- attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another; or
- negligently cause bodily injury to another with a deadly weapon; or
- attempt by physical menace to put another in fear of serious bodily injury.
Simple Assault Penalties
With a simple assault charge, you may face:
- Jail: Up to 180 days
- Fines: Up to $1,000
What Is Aggravated Assault?
In an “aggravated assault” charge, a particular circumstance enhances the penalties to a more severe charge. Under 2C:12-1b, the court may find you guilty of aggravated assault if you:
- attempt to cause serious bodily injury to another, or cause such injury purposely or knowingly; or
- attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon; or
- recklessly cause bodily injury to another with a deadly weapon; or
- knowingly point a firearm at someone; or
- commit a simple assault, but it happens to be against an individual like the following:
- police officer
- teacher or school administrator
- train operators
- utility workers
- bus drivers
Aggravated assault charges can also arise if the alleged assault occurred within 1000 feet of a school, or you allegedly used a deadly weapon at the time of the assault.
Aggravated Assault Penalties
Aside from other penalties the judge may impose and court costs, you may face:
- Jail: From 18 months to 10 years
- Fines: $10,000 to $150,000
What Is Involved in Assault Charges in New Jersey?
With either a simple or aggravated assault charge, jail time is on the table. And with jail time, you face fines, possible restitution, and worse of all, a violent crime on your record. All of those penalties can have a significant impact on your job opportunities and family life. A conviction could also prevent you from college acceptance, child custody, or military service, and you could jeopardize your immigration status and affect your ability to stay in the U.S.
In an assault case, quite a bit of physical evidence and eyewitness testimony is involved. The seasoned team of New Jersey assault lawyers at Andres Mejer Law knows how the prosecution works. Furthermore, they have the investigation skills necessary to evaluate your case and help get you the most favorable outcome in your particular situation.
No Victim Required
In an assault case, the State of New Jersey is the plaintiff. Consequently, the victim’s preference on if or how aggressively to prosecute you is not a factor in deciding whether to move forward. If the victim doesn’t even show up at the trial, the case can still proceed! As a result, you need Eatontown assault attorneys regardless of the victim’s attitude towards the incident.
Generally speaking, an assault charge begins with a private complaint to the police. The police then arrive at the scene and gather evidence. This includes taking pictures of the victim and interviewing witnesses. If you are the primary suspect, anything you tell the police can hamper your defense.
In New Jersey, the police will file charges even without the victim’s consent. The prosecutor will prosecute without the victim’s cooperation. The whole notion of someone not “pressing charges” preventing the case from proceeding is a misconception. This is not civil court! Your liberties are at stake in a criminal case, and if you are being charged with domestic violence, your family relationships are also at stake.
Aggressive Eatontown assault attorney at Andres Mejer Law can explore your criminal defense and will work hard to reduce or even overturn the charges against you.
Looking for the Right California Criminal Defense Lawyers
Being arrested by the police can be a very stressful and confusing situation for you and your loved ones. If the police arrest you as a possible suspect in a crime, you have to remember that you have the right to remain silent and speak with an attorney to understand your case better.
While threats of and actually causing bodily harm constitute an assault and battery charge, an alleged victim must first prove that his or her injuries are indeed related to the criminal offense. A lot of documentation, such as medical results and testimonies, are needed to prove that the victim was indeed assaulted by the accused. If there is little to no evidence or witnesses, the victim’s testimony and records will likely not be sufficient. This is especially true if the serious physical injury or impairment is not usually associated with the violent crime in question.
In order to avoid any issues or problems, it is advisable to consult right away with a criminal defense lawyer. Contact us at Andres Mejer Law for a free consultation with a criminal defense attorney who will work closely with your case, defend you in court, and help you protect your rights.
Facing an Arrest and Criminal Charges in New Jersey
It is essential to keep in mind that if you find yourself arrested, the law enforcement officers must follow legal procedures during and after the arrest process. Under the US Constitution, the police are not allowed to use force that will cause serious bodily injury.
If you think that it was a wrongful arrest, you can challenge it later on with the help of a criminal defense lawyer who can act swiftly yet accurately. Additionally, if warranted, they can help you file a civil rights case for police misconduct.
The best lawyers know the basics off the top of their heads. This does not mean stating every statute line per line, but rather knowing the right questions to ask. Look for one who will promptly and diligently work on your criminal case. Call our Eatontown criminal defense law firm today.
Dealing with Assault and Battery Diligently
When looking for a New Jersey criminal defense attorney who will handle your case, be sure to ask as many good questions as possible. It helps to ask how their process works, how much their fees are, and what are their expectations from clients. It is advisable to retain a firm with enough staff to handle your case and with an excellent track record.
While there are many choices of law firm available, not every attorney-client match is a good fit. In the end, do you trust your criminal lawyer? If you do not, then you are wasting your money.
If you trust the criminal lawyer sitting across the desk from you and they have a good reputation in the community based upon peer review and recommendations, then it is time to get started protecting your rights and working on your criminal defense.
If you have been accused of committing a crime, or are dealing with simple or aggravated assault charges, you need a seasoned criminal defense attorney to deal with your case. At Andres Mejer Law, our legal team has extensive experience in criminal and immigration law. Our assault and battery lawyers in Eatontown have extensive experience in criminal law and will do all that they can to protect your legal rights.
Seeking Legal Assistance and Securing Your Future
Under pertinent assault laws, a charge could be classified into varying degrees. A simple assault charge or a simple battery case, for instance, may be aggravated into varying degree levels.
Generally, criminal charges may be considered as first degree, second degree, or third degree. The actual conviction and penalties will depend on the actions of the perpetrator, such as physically assaulting another with or without the use of deadly weapons and firearms.
Additionally, the prosecutor may elevate initial charges if there is a specific circumstance in the case. A common example is the use of a dangerous weapon to commit serious bodily harm. A supposed assailant may likewise face aggravated assault charges if he or she purposely commits violent crimes which are considered felonious. These may include sexual assault and/or sexual battery, rape, or murder.
A crime of assault and battery may be classified as a misdemeanor or a felony. An offender who has been charged with assault and battery may face different consequences, depending on the specifics of their case.
Call our legal team at (888) 695 6169 to know more about these things.
Call New Jersey Assault Lawyers at Andres Mejer Law Today
Assault and battery charges are some of the most difficult cases to handle. These two often come together, but important distinctions must be made to minimize errors. An offender who intentionally threatens, manipulates, or intimidates an alleged victim and then actually commits an act that leads to serious bodily injury can be charged with assault and battery.
If you have already been charged with assault, you may need to play catch-up in order to protect your rights. As each day passes, you put yourself at greater risk of incriminating yourself. Sometimes the battle is won at the indictment! Therefore, be proactive in your defense. Call today for free consultation with our experienced Eatontown assault lawyers at Andres Mejer Law.
Call our New Jersey assault law firm at (888) 695 6169 today.