Assault Defense Attorney for Chesterfield NJ
March 30, 2020
I Was Charged with Assault in Chesterfield, New Jersey
Were you charged with Assault? If so, we understand that this entire experience, from being arrested in handcuffs to appearing in court, can be incredibly stressful, embarrassing and difficult. Even worse, depending upon who the victim is, your case may be handled as an act of “domestic violence“. This is even further exacerbated by the fact that “acts of domestic violence” are typically issued as a Warrant and may require a formal detention hearing before you can be released under New Jersey’s Bail Reform Act. This means you may spend 24 hours locked up in the Burlington County Jail.
Our law firm represents defendants charged with crimes throughout Burlington County, including Chesterfield, New Jersey. Whether you were charged with simple assault, aggravated assault, terroristic threats, harassment, endangering the welfare of a child or possession of a weapon for an unlawful purpose the Law Offices of Proetta, Oliver & Fay can help. We appreciate the stress and anxiety most individuals face when they are arrested for the first time. We vigorously defend an protect our client’s rights in court and will do the due diligence necessary to investigate any claims made by victims. Call 609-850-8284 today so speak with an attorney and we will gladly discuss the specifics of your case and determine what we can do to help assist you in the matter.
What is the Difference Between Simple Assault and Aggravated Assault Charges in Chesterfield?
Assault offenses generally fall under the category of either “Simple Assault” or “Aggravated Assault”. What will determine which category your case is treated as will depend upon the severity of the injury, the status of the victim and whether a weapon was used in the offense.
Lets begin with simple assault. As its name implies, this is to less severe of the two types of assault. In the Chesterfield Municipal Court, simple assault is treated as a disorderly persons offense (commonly referred to as a misdemeanor). Simple assault charges are handled by the Chesterfield Municipal Court, unless a more serious indictable offense is also part of the case. A conviction for simple assault in Chesterfield will carry penalties like jail time, probation and fines.
Aggravated assault is the more severe of the two types of assault. In Chesterfield, aggravated assault is considered a indictable offense (commonly referred to as a felony). Depending upon the facts and circumstances of your charges, the aggravated assault may be a second degree offense, third degree offense or fourth degree offense. As a felony offense, aggravated assault charges will be transferred from the Chesterfield Municipal Court to the Burlington County Superior Court and the Burlington County Prosecutor’s Office. The possible penalties for aggravated assault will vary depending upon whether you are facing a second, third or fourth degree offense and could result in up to ten (10) years in a NJ State Prison!
Fighting a Domestic Violence Charge in Chesterfield
If your charges for assault involve and act of domestic violence, then certain state-issued guidelines will apply to the prosecution of your case. Unlike other acts of assault, domestic violence assault prosecutions do not permit for certain resolutions. Specifically, if you are charged with domestic violence simple assault and do not have a prior criminal record, the court is not permitted to enter you into a diversionary program like conditional dismissal program, as they would for a simple assault not involving domestic violence. This seems inherently unfair for defendants but it is the unfortunate truth. Therefore, it is only more imperative that you strongly defend against these types of charges in court. Additionally, as an act of domestic violence, the victim can petition the court to enter a Temporary Restraining Order (TRO). This is a total separate hearing handled by the Burlington County Superior Court. Contact our office for more information on these types of cases.
Need Local Lawyer For Assault Charges in Chesterfield
Proetta, Oliver & Fay is a criminal defense firm that is comprised of lawyers who have chosen to dedicated their careers to defending those accused of criminal offense and regulatory violations. Mr. Fay is a former New Jersey Deputy Attorney General with prior experience enforcing and prosecuting New Jersey Laws. Allow Mr. Fay to provide you with an initial consultation about your charges and what possible outcomes exist. Assault charges are not something to take lightly. If handled incorrectly, you could end up imprisoned, permanently removed from you household and saddled with a criminal record. Please call our Marlton Office to speak with a Chesterfield Defense Attorney today. We can be reached day and night at 609-850-8284.