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 & Fay. 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.
Willingboro Simple Assault Lawyers
Proetta, Oliver & Fay is a Criminal Defense Firm that defends the accused throughout Burlington County. Whether you are facing felony charges for Aggravated Assault, Burglary, Theft, Terroristic Threats, Possession of a Weapon for an Unlawful Purpose or misdemeanor charges for Simple Assault, Possession of Marijuana or Harassment, our Willingboro Criminal Defense Attorneys can help. The Burlington County Superior Court and Willingboro Municipal Court can be a difficult place for those unaccustomed to the Criminal Justice System. For an immediate and complimentary consultation with an experienced New Jersey Simple Assault Defense Attorney, please contact (609) 850-8284. Firm Partner, William C. Fay, IV, Esq., is the head of our Criminal Defense Practice Group in Evesham. Mr. Fay, who is a former Deputy Attorney General, will gladly discuss what options exist in fighting any criminal charges pending against you or your loved ones. Whether the result of a domestic dispute or a drunken argument, do not let these criminal charges become part of your criminal record. Please do not hesitate to contact our office today with any questions or concerns.
Contact Us
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 Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.
Burlington Office
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
Hamilton Office
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
Middletown Office
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only