Assault is one of the most commonly filed charges in New Jersey. Whether the alleged assault stemmed from a domestic dispute, bar fight, domestic violence, road rage, cyber-harassment or any other triggering event, the end result could you in handcuffs. Police and law enforcement officers are quick to arrest and detain individuals accused of physical violence, especially when there are visible injuries or a domestic relationship between the victim and the defendant. If you or a family member are facing criminal charges for simple assault, aggravated assault or are facing a Temporary Restraining Order, contact the criminal defense lawyers at Proetta & Oliver. Our team of criminal attorneys have represented countless defendants facing charges ranging from Harassment to Aggravated Sexual Assault. For an immediate consultation, please contact our office at (609) 850-8284. We can be reached 24/7 for your convenience.
Is Assault a Crime in New Jersey?
Assault is an umbrella term that can be further classified for multiple forms of criminal conduct. Most forms of assault are considered a “crime” or “felony” in New Jersey. The most common form of assault, Simple Assault, is an exception to this and is treated as a disorderly persons offense (aka misdemeanor) under New Jersey law. While a misdemeanor Simple Assault is still a criminal offense, it does not qualify as a “crime” under the federal definition. This difference can have a major impact for immigrants seeking citizenship or permanent resident status. For those individuals facing Aggravated Assault, you are facing a felony indictable crime that carries the possibility of imprisonment in a New Jersey State Prison.
What are the Penalties for Simple Assault and Aggravated Assault?
Simple Assault Penalties in Burlington County
If convicted, you face up to six (6) months in the Burlington County Jail, a $1,000 fine, court costs/mandatory fees, probation and a criminal record
Aggravated Assault Penalties in Burlington County
Fourth Degree Aggravated Assault – Eighteen (18) months in State Prison, a $10,000 fine, probation and felony criminal record,
Third Degree Aggravated Assault – Between three (3) and five (5) years in a NJ State Prison, a $15,000 fine, probation and criminal felony record
Second Degree Aggravated Assault – Up to ten (10) years in a NJ State Prison with 85% Parole Ineligibility, a $150,000 fine and a felony criminal record
Can I Temporary Restraining Order for Assault in NJ?
Yes. In almost any scenario where there is an alleged assault between two parties who share a domestic relationship, the Willingboro Police Department will present a Temporary Restraining Order Form to the victim. At the very least, they will remove the defendant from the shared home until the Judge lifts a No Contact Order. A Temporary Restraining Order will carry various ancillary restrictions including: forfeiture of any lawfully owned guns, no contact with the victim pending the restraining order hearing, a police escort to obtain clothing or personal belongings from a shared home and limited contact with any shared children with the victim. If you were served with a Temporary Restraining Order in Burlington County, then you have to appear at the Burlington County Superior Court before the Family Division for the formal hearing. Depending on the outcome of the Restraining Order Hearing, the Temporary Order may become a permanent Final Restraining Order. If you are charged with violating a restraining order or would like to remove a final restraining order, please contact our office today.
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.