AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
New Jersey Simple Assault Lawyer | Lustberg Law Offices | NJ Simple Assault Lawyers
In New Jersey, assault charges are classified into three categories of offenses: simple assault, aggravated assault, and assault by vehicle. While simple assault is considered the least severe of the three charges, a conviction can still leave you facing serious legal penalties, along with consequences that can affect your personal and professional life.
If you’ve been charged with simple assault in New Jersey, it’s important to know that you don’t have to go through this alone. Experienced New Jersey simple assault lawyer Adam M. Lustberg has spent years defending people in your situation. Our team of legal professionals understands the stress and uncertainty you may be feeling right now. We can take the time to look closely at your case, build a defense that fits your circumstances, and stand up for your rights every step of the way.
To learn more about how we can assist you, contact Lustberg Law Offices, LLC today to schedule a free initial consultation. Call us at (201) 880-5311.
Under NJ law, simple assault can be charged when an individual causes or attempts to cause bodily injury to another. There is a lingering misconception that, in order for an act to be considered assault, the injuries caused to another person must be severe, sustained, or long-lasting. However, this is not the case when it comes to simple assault. Causing even temporary pain or issuing a threat of physical harm can be considered a basis for a simple assault charge in New Jersey, even if the actor did not follow through with the threat of assault. Additionally, depending on the cause and severity of the injuries, charges can be escalated to aggravated assault.
N.J.S.A. § 2C:12-1a(1) – A person commits simple assault if he or she:
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
Conversely, a person commits aggravated assault if they inflict serious or significant bodily injury to another person or assaults someone with a deadly weapon regardless of the level of bodily injury. Harming public officers while in the course of their duty can also be considered aggravated assault as well as harming another person while fleeing from law enforcement.
Bodily injury under the NJ statute on simple assault can refer to physical pain, illness, or an impairment in a person’s physical condition. Under the law, causing serious bodily injury can involve putting another person at substantial risk of death or subjecting a person to an act that causes serious and permanent disfigurement or impairment. A deadly weapon can refer to any kind of instrument that can produce death or serious bodily injury or an instrument fashioned in a way that it can be reasonably believed to produce death or serious bodily injury.
Compared to aggravated assault, being charged with simple assault may be considered the preferable option due to its classification as a disorderly persons offense. However, it is crucial to note that even if the injuries incurred in the altercation are mild, a conviction can still result in up to six months of jail time, among other NJ simple assault penalties. Aside from the penalties imposed upon the defendant, a conviction of simple assault remains on your permanent criminal record which can have additional non-legal consequences.
As a disorderly persons offense, a conviction of simple assault can carry the following penalties:
Even a petty disorderly persons offense can still carry a possibility of jail time of up to 90 days and a fine of up to $500. Simple assault charges are tried at the Municipal Court where the defendant is charged.
Simple assault is considered a violent crime in New Jersey and the state imposes harsh penalties for persons convicted of violent crimes despite being an offense tried at the municipal level. Regardless of whether you are charged with simple assault or aggravated assault, a conviction can have long-standing effects on your life. Getting the help of an experienced New Jersey criminal defense lawyer is important in mitigating the possible impact of your charges.
At Lustberg Law Offices, LLC, we offer quality legal services and representation aimed at securing the best possible results for your case. Our team of New Jersey simple assault defense attorneys is ready to assist you in contesting your charges. Contact our Hackensack, NJ, office today to schedule a consultation.
Adam M. Lustberg is an experienced New Jersey criminal defense attorney who has dedicated his career to protecting the rights of individuals accused of crimes, including simple assault. His passion for defense work began during law school at Seton Hall University, where he represented juveniles through the Public Defender’s Office and Juvenile Justice Clinic. Since then, Adam has defended clients in every stage of the criminal justice process, from arraignment to jury trial, bringing meticulous preparation and strong advocacy to each case.
With nearly two decades of experience, Adam has successfully handled cases ranging from misdemeanor offenses, like simple assault, to serious felonies such as homicide and firearms charges. He is recognized for his ability to work strategically with clients, prosecutors, and the courts to achieve the best possible outcomes. Named to Super Lawyers Rising Stars for six consecutive years and rated 10 out of 10 on Avvo, Adam is a trusted advocate for individuals facing life-altering criminal charges in New Jersey.
Simple assault charges can be particularly tricky in that there is a very low standard on what constitutes bodily injury, as referred to in the statute. Even a simple slap or a smack can cause a person to be charged with a simple assault offense. While this may be the case, the prosecution also has their work cut out for them in proving the elements of the charges beyond a reasonable doubt. A skilled attorney may be able to use the following defense strategies depending on the specific circumstances of the case.
| Defense Strategy | Description | Example Scenario |
|---|---|---|
| Coercion or Duress | Defendant acted under extreme pressure or threats, forcing them to commit an act they would not have done otherwise. | A person was threatened with harm if they did not strike someone. |
| Self-Defense | Defendant acted to protect themselves from harm, but only with reasonable force. | Pushing someone away after they attacked with their fists. |
| Defense of Others | Defendant used force to protect another person from harm or potential harm. | Intervening when someone threatened a friend with a weapon. |
| Mutual Consent | Both parties agreed to an activity where bodily harm was foreseeable. | Tackling during a football game leading to minor injury. |
When a person is subjected to an extremely stressful situation such as physical, social, emotional, or psychological pressure, they may be forced to act in a manner that they otherwise wouldn’t based on their established conduct without the stressor. As an example, the defendant may have been harassed or threatened to commit the act of simple assault toward another person.
If the person attacked was a threat to the defendant or caused the defendant harm, it is possible to mitigate the charges or have them dismissed by proving that the defendant only acted in defense of their well-being or to prevent further harm. However, it is important to prove that the defendant only used reasonable force in response to the initial attack and did not otherwise intend to cause undue harm and bodily injury.
When using the defense of others as a legal defense, it is necessary to prove that the defendant used force to reduce the risk of harm or to defend other people who were being harmed. For example, if the defendant attacked someone who was threatening other people with a deadly weapon.
In cases wherein there is a reasonable expectation that a person can experience bodily harm while participating in activities, such as sports, mutual consent can be used as a defense to have the charges dropped or reduced. To use consent as a simple assault defense strategy, it is important to establish that the extent of bodily injury experienced by the plaintiff in the alleged assault was foreseeable and reasonable based on the activity involved. For example, if the plaintiff was tackled by the defendant while playing football.
The best legal strategy to use is one that considers all the specific circumstances in your case. These defense strategies are not a one-size-fits-all solution for simple assault cases. You will need the help of an experienced New Jersey simple assault lawyer to build a robust defense strategy that reflects your unique case. For charges considered violent crimes in New Jersey, it is important to seek the help of an attorney who will treat your case seriously whether it is a disorderly persons offense or an indictable offense.
Our experienced simple assault lawyers at Lustberg Law Offices, LLC have dedicated their practice to providing skilled legal counsel and representation to clients in Hackensack and Bergen County, New Jersey. We offer compassionate assistance to individuals charged with criminal offenses and work hard to protect their constitutional rights.
To learn more about how we can help you, contact our law office today at (201) 880-5311 to schedule a consultation.
When law enforcement responds to a call investigating a possible instance of domestic violence, when an alleged victim files a complaint, or when law enforcement observes signs of injury in a possible case of abuse, simple assault charges can also be filed against the alleged perpetrator of abuse.
Under New Jersey law, when simple assault charges are raised in the context of domestic violence, the offense can result in additional penalties including the imposition of a restraining order. When charges of simple assault are filed as a predicate act of domestic violence, the defendant would essentially be facing two cases; one for the assault charge and another for the restraining order. These cases are considered independent of one another.
The threat of criminal charges and the filing of restraining orders, while helpful in protecting the well-being of abuse victims, can also be used as a punishment by spurned partners in some toxic relationships. It is a sad reality that there are instances in which false allegations are filed against the actual victims of abuse. Such instances can result in an abused victim being unable to fight back against the assault even in just a way to defend themselves from potential harm and bodily injury.
For such scenarios, self-defense is considered an affirmative defense in a simple assault case. If you are being attacked, you are well within your rights to exercise equal force to defend yourself and only enough force to remove yourself from the dangerous situation.
Compared to the criminal charges involved with simple assault, a restraining order case can be subject to a lower burden of proof. Restraining orders are handled in the New Jersey Family Court. If a restraining order has been issued against you in relation to charges of simple assault, you may be prohibited from having a weapons license permanently. You may also be subjected to charges of criminal contempt if you violate the provisions of your restraining order.
Getting the help of an experienced New Jersey criminal defense attorney who can investigate the circumstances of your case thoroughly is important. A skilled attorney can review the facts and details of your case such as the amount of force used and the severity of the injuries to build a robust legal defense against the charges of simple assault.
At Lustberg Law Offices, LLC, top-rated NJ criminal defense attorney Adam Lustberg leverages years of experience and knowledge of the criminal justice system to help protect the rights of individuals accused of crimes in New Jersey.
Call our office today at (201) 880-5311 to schedule a consultation.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
In New Jersey, a charge of simple assault can indeed be reduced, typically through a process known as the merger of a lesser included offense. This legal concept allows for a simple assault charge to be downgraded to a lesser charge if the evidence supports such a change. One of the most common lesser offenses to which a simple assault can be reduced is harassment.
Harassment is considered a lesser included offense of simple assault. This means that in the eyes of the law, the acts that constitute harassment are encompassed within those that constitute simple assault. Therefore, if the circumstances of a case support it, the prosecution may amend a simple assault charge to harassment. This can occur when the actions involved are more accurately characterized by the intent or nature of harassment, which generally involves creating a hostile or offensive environment for the victim, rather than posing a direct physical threat.
Moreover, it is important to note that under New Jersey law, a person cannot be convicted of both harassment and simple assault for the same incident. This is because harassment, being a lesser included offense, merges into the simple assault charge. The legal rationale is to prevent double punishment for essentially the same act under different legal labels.
This potential for reduction can significantly impact the legal strategy and outcomes in cases involving allegations of simple assault. Defendants should consult with an experienced simple assault lawyer to explore this and other defense strategies that might be applicable to their case
In New Jersey, a simple assault conviction does not have to remain on your record forever. Under state law, you may be eligible for expungement if certain conditions are met. Generally, a conviction can be cleared five years after all parts of the sentence are completed. This includes finishing probation or parole, serving any jail time, and paying the required fines. The five-year period begins only after the last condition is satisfied.
If your case was resolved through a conditional dismissal, the waiting period is much shorter. In that situation, you can apply for expungement six months after the program ends, provided you meet the program’s requirements and have no other disqualifying conditions.
The process involves filing a petition with the court, serving copies to various agencies, and waiting for the court to review and decide on the request. While this may sound straightforward, expungement rules are detailed and exceptions apply. For example, a person may have up to five simple assault convictions expunged, but eligibility depends on other parts of their record. In addition, if someone is unable to pay fines due to financial hardship, there may be available options for relief.
Because the process is technical and mistakes can delay or even prevent an expungement, it is wise to seek guidance before moving forward. Legal advice helps you understand if you qualify, what paperwork is required, and how to present your petition to the court.
Facing any kind of criminal charge in New Jersey can be a daunting and confusing experience due to the severity of penalties. Having a skilled lawyer who can protect your best interests and act as your legal advocate can lessen the uncertainty and anxiety of such a situation. Without the help of experienced lawyers, you face the possibility of incarceration, damage to your reputation, and a mark on your criminal record. The help of a competent lawyer can be the fine line between a conviction and getting your charges of simple assault in New Jersey reduced or dismissed.
Led by seasoned NJ criminal defense attorney Adam Lustberg, our team of New Jersey simple assault attorneys at Lustberg Law Offices, LLC, is dedicated to providing clients with the best possible legal defense. We understand the significant impact of a conviction and offer aggressive representation to protect our clients’ rights and liberty.
Contact us today at (201) 880-5311 to schedule a consultation.
