Were you arrested from criminal charges in Moorestown, NJ? If so, you are not alone. Moorestown, while an affluent area, is not immune to criminal activity. Specifically, the Moorestown Police Department regularly deal with criminal allegations involving assault. This can involve Simple Assault, Aggravated Assault, Sexual Assault or Assault by Auto. Depending upon the specific circumstances of the offense and degree of the charges (felony v. misdemeanor), these assault charges will either be handled by the Burlington County Superior Court or Moorestown Municipal Court. Furthermore, these types of criminal charges may be filed against a juvenile and require that the matter be handled as a juvenile case at the Family Law Division of the Superior Court. Whether you case was caused by a domestic argument between you and your spouse or two random adults, it is important that you consult with an experienced Moorestown Criminal Defense Attorney. If you were issued a complaint summons or complaint warrant for an assault in Burlington County, contact the Moorestown Criminal Attorneys at Proetta & Oliver today. We can be reached 24/7 at 609-850-8284 and we will provide you with a consultation regarding your charges and how we can help.
What is Simple Assault?
Simple Assault is a disorderly persons offense in New Jersey that is handled by the municipal court where the offense occurred. Therefore, if you are arrested in Moorestown for Simple Assault, then you will receive a summons to appear at the Moorestown Municipal Court. But what is Simple Assault? Well, pursuant to N.J.S.A. 2C:12-1, Simple Assault involves either:
The attempt to cause bodily injury to another person, or recklessly, knowingly, or purposely causing bodily injury to someone else;
Negligently causing bodily injury with a deadly weapon; or
Threatening another person or put them in fear of serious bodily injury through physical menace.
Of these three (3) prohibited acts, the first is by far the most common occurring in New Jersey. Therefore, it is important to understand exactly what “bodily injury” means under the law. For more information on what is a “bodily injury”, please contact our office and speak with an attorney.
What is Aggravated Assault?
Aggravate Assault is far more complex than Simple Assault. This is because there are multiple types of Aggravated Assault and the penalties for each differ in severity. For example, there are criminal charges for Aggravated Assault on a Police Officer, Aggravated Assault with a Deadly Weaponand Aggravated Assault where the victim suffered serious bodily injury. As a matter of law, Aggravated Assault is an Indictable Offense (commonly called a felony) in New Jersey. Therefore, criminal charges for Aggravated Assault in Moorestown will be handled by the Burlington County Prosecutor’s Office in Mount Holly.
What are the Penalties for Assault in Burlington County?
The penalties for assault will depend on the type of charges you are facing. Below are just a couple of the most common assault charges and the corresponding penalties for each:
As a disorderly persons offense, Simple Assault carries up to six (6) months in the Burlington County Correctional Institute, a $1,000 fine and a criminal record.
Aggravated Assault is either a Second Degree Felony Offense, Third Degree Felony Offense or Fourth Degree Felony Offense, depending upon the facts of the case. Second Degree charges carry up to ten (10) years in State Prison, Third Degree charges carry up to five (5) years in State Prison and Fourth Degree charges carry up to eighteen (18) months in a State Prison.
Assault By Auto
Similar to Aggravated Assault, criminal charges for Assault by Auto vary anywhere from a Second Degree Felony Offense to a Disorderly Persons Offense. Second Degree charges carry up to ten (10) years in State Prison, Third Degree charges carry up to five (5) years in State Prison, Fourth Degree charges carry up to eighteen (18) months in a State Prison and a Disorderly Persons Offense carries up to six (6) months in the Burlington County Correctional Institute.
What is Self Defense?
Self-defense is an affirmative defense that can must be proven by the defendant to negate guilt. The claim of self-defense or “defense of others” is frequently raised by defendants, but often done incorrectly. For self-defense to apply, there are a variety of factors that the court will consider, namely: “Did the defendant use more force than necessary?” “Did the defendant have the opportunity to flee?” “Was the defendant the initial aggressor?” For a consultation on whether the affirmative defense of self-defense applies to your case, please contact our office.
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Moorestown Criminal Defense Lawyers
Whether you are dealing with criminal charges for assault in Moorestown or if you were served with a Temporary Restraining Order for an act of domestic violence, do not hesitate to contact the Criminal Defense Lawyers at Proetta & Oliver. Our firm’s Criminal Practice Group, headed by former New Jersey Deputy Attorney General, William Fay, is able to step in and zealously advocate on your behalf. Whether you are dealing with criminal charges, a civil restraining order, or a municipal traffic ticket, contact our Evesham office today at 609-850-8284. For an immediate and complimentary consultation with Mr. Fay regarding your Moorestown criminal charges.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.