AVAILABLE 24/7 | FREE CONSULTATION

New Jersey Simple Assault Lawyer

New Jersey Simple Assault Lawyer | Lustberg Law Offices | NJ Simple Assault Lawyers

Assault charges in New Jersey can be classified into three categories of offenses: simple assault, aggravated assault, and assault by vehicle. While simple assault can be classified as the lesser of the three charges due to the exposure to lesser potential penalties, a conviction can still carry harsh legal and non-legal consequences. 

If you are facing a simple assault charge in New Jersey, you should not leave the matter of your defense to chance. Experienced New Jersey simple assault lawyer Adam M. Lustberg can assist in defending your rights. Our team of legal professionals works diligently to identify potential defenses that may apply to your situation, thereby increasing the chances of a favorable outcome.

To learn more about how we can assist you, call Lustberg Law Offices today to schedule a free initial consultation. Contact us today at (201) 880-5311.

Schedule a Free Consultation

Top-Rated NJ Criminal Defense Lawyer Adam M. Lustberg Discusses the Elements of a Simple Assault Charge

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:

  • Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another
  • Negligently causes bodily injury to another with a deadly weapon
  • Attempts by physical menace to put another in fear of imminent serious bodily injury

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:

  • A fine of $1,000
  • Up to six months in a county jail

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, 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.

Possible Simple Assault Defense Strategies

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.

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 and criminal defense attorneys at Lustberg Law Offices 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.

Contact us now!

A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.

Simple Assault Charges as a Predicate Act of Domestic Violence

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, 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.

Client Reviews
"If I could give Lustberg law offices more than 5 stars I would. Adam M. Lustberg is by far the best criminal defense attorney I have ever met. He is the most knowledgeable, professional, and highly respected in the area. Mr. Lustberg will go above and beyond to make sure he gets you the best possible outcome for your situation. Adam M. Lustberg fought long and hard for my mother and instead of her serving what could’ve been a 5-10 year sentence in jail, she got the minimum sentence of 364 days which is now downgraded to 6 months. Thank you Lustberg law offices for all your hard work! Everyone makes mistakes and Lustberg law offices are on your side."
"I couldn’t have asked for a better lawyer, and quite frankly I was actually very surprised he was able to handle my case in the way it was done. I highly recommend Adam to anyone who needs a gentleman in his profession."
"Luckily ive only had to use mr.lustbergs services once but i will forever say he is the best lawyer in the world! He’s always available to answer any questions i have and is always happy to help even months after having all my charges dismissed. I’d give more then 5 stars if i could."
"I must say Out of all my experiences with Lawyers, doing business with Adam was the best. After first meeting Adam and informing him of my Situation, he reassured me that if there was a way out of it he would find a way. I was hesitant and decided to go to Trial. Adam handled my Trial as a true professional and Made sure every aspect was covered, and decided to go about my trial with the best angle Neccessary. I was acquitted on my Charge and 7 other charges were dismissed.. Best experience and feeling ever..THAnks For my Freedom ADAM!!!"
"I highly recommended Adam M. Lustberg! Adam is extremely knowledgeable and professional. He clearly knows everything there is to know about criminal law. He is a great communicator, and he gave my case his full attention. If you are searching for a criminal defense attorney, you can stop your search right here. Adam is the very best."
"I have a long history with the Lustberg Law Firm. Adam is highly experienced, a great communicator who will not keep an eye on the time when you are talking to him. He actually listens to the client and goes out of his way to understand your particular goal. Adam always replied to my emails, texts and phone calls. A professional in every respect. I recommend the Lustberg Law firm without any reservations."
Client Reviews
"If I could give Lustberg law offices more than 5 stars I would. Adam M. Lustberg is by far the best criminal defense attorney I have ever met. He is the most knowledgeable, professional, and highly respected in the area. Mr. Lustberg will go above and beyond to make sure he gets you the best possible outcome for your situation. Adam M. Lustberg fought long and hard for my mother and instead of her serving what could’ve been a 5-10 year sentence in jail, she got the minimum sentence of 364 days which is now downgraded to 6 months. Thank you Lustberg law offices for all your hard work! Everyone makes mistakes and Lustberg law offices are on your side."
"I couldn’t have asked for a better lawyer, and quite frankly I was actually very surprised he was able to handle my case in the way it was done. I highly recommend Adam to anyone who needs a gentleman in his profession."
"Luckily ive only had to use mr.lustbergs services once but i will forever say he is the best lawyer in the world! He’s always available to answer any questions i have and is always happy to help even months after having all my charges dismissed. I’d give more then 5 stars if i could."
"I must say Out of all my experiences with Lawyers, doing business with Adam was the best. After first meeting Adam and informing him of my Situation, he reassured me that if there was a way out of it he would find a way. I was hesitant and decided to go to Trial. Adam handled my Trial as a true professional and Made sure every aspect was covered, and decided to go about my trial with the best angle Neccessary. I was acquitted on my Charge and 7 other charges were dismissed.. Best experience and feeling ever..THAnks For my Freedom ADAM!!!"
"I highly recommended Adam M. Lustberg! Adam is extremely knowledgeable and professional. He clearly knows everything there is to know about criminal law. He is a great communicator, and he gave my case his full attention. If you are searching for a criminal defense attorney, you can stop your search right here. Adam is the very best."
"I have a long history with the Lustberg Law Firm. Adam is highly experienced, a great communicator who will not keep an eye on the time when you are talking to him. He actually listens to the client and goes out of his way to understand your particular goal. Adam always replied to my emails, texts and phone calls. A professional in every respect. I recommend the Lustberg Law firm without any reservations."

How Working With Experienced NJ Simple Assault Lawyers Can Help

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 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 to schedule a consultation.

Schedule a Free Consultation Now

Table of Contents

Call Now Button