When charged with a disorderly person’s simple assault charge you must consult with an attorney to obtain the best result possible that will hopefully avoid a criminal charge and arrest on your criminal case history which will follow you until expunged years later. Many simple assault charges are questionable at best because when emotions heat up, simple assault can follow. Simple assault often occurs in episodes of domestic violence, or when arguing with neighbors.
If you have been charged with simple assault, you know that there’s nothing simple about beating the charge alone. Here are a few things you should know about how to beat a simple assault charge in New Jersey. Simple assault in NJ occurs when a person (N.J.S.A. 2C:12‑1): Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or Negligently causes bodily injury to another with a deadly weapon; or Attempts by physical menace to put another in fear of imminent serious bodily injury. This law means that you don’t even have to touch a person to get into legal trouble. If you threaten someone or cause them to fear serious bodily injury, you can be charged with assault. Many charges are based upon self-defense or an unintended accident but because it’s a domestic incident, the law requires the police to charge one party and that undoubtedly will be the person with no sign of injury.
My experience as an attorney who represents clients who are wrongfully charged by a significant other because of a domestic dispute is to counsel the client based upon the facts of each case. I truly believe it takes two to tango. Was alcohol or drugs involved? Is there a Temporary Restraining Order filed as a result of the incident? Were children present? Do either of the parties have anger management issues that need to be addressed. Or was this simply an unfortunate incident that proper counseling and available organizations in the community can offer to address the issues.
Very often I find courts are first concerned about the well being of the alleged victim and and what needs to be done to prevent future traumatic incidents. Very often I find there was no real harm done and that many of the simple assault cases charged can be resolved via a 60 to 90 day carry order with a dismissal of the criminal charge and automatic expungement of the arrest should no other incidents occur during the carry order.
When charged with a simple assault consult a lawyer who addresses these issues everyday. Don’t feel you can address this alone. We are here to help, contact us today.