A charge of simple assault, while common, is a serious matter with the potential for significant consequences. A conviction can lead to jail time, hefty fines, and a permanent criminal record that can impact your employment, housing, and reputation. If you’ve been arrested for simple assault in Elizabeth, Linden, Plainfield, or anywhere in Union County, it is crucial to take immediate action to protect your rights.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, provides aggressive and strategic defense for individuals facing simple assault charges. He understands that these situations often arise from misunderstandings, disputes that escalate, or false accusations. Mr. Rosen is dedicated to scrutinizing the evidence and building the strongest possible case to hopefully achieve a favorable outcome for his clients.

Understanding a Simple Assault Charge in New Jersey (N.J.S.A. 2C:12-1a)

In New Jersey, a person is guilty of simple assault if they:

• Attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another person. “Bodily injury” is broadly defined as physical pain, illness, or any impairment of physical condition.

• Negligently cause bodily injury to another with a deadly weapon.

• Attempt by physical menace to put another in fear of imminent serious bodily injury. This means you can be charged even if no physical contact was made.

Simple assault is typically classified as a disorderly persons offense, which is handled in the local municipal court of the town where the alleged incident occurred (e.g., Clark, Cranford, Summit). If the assault occurred during a mutual fight or scuffle, it may be graded as a less severe petty disorderly persons offense.

Potential Penalties for a Simple Assault Conviction in Union County

Do not underestimate the consequences of a simple assault conviction. As a disorderly persons offense, the penalties can be severe and long-lasting:

• Jail Time: Up to six (6) months in the Union County Jail.

• Fines: A fine of up to $1,000.

• Criminal Record: A permanent criminal record that will appear on background checks.

• Probation: A term of probation with strict conditions.

• Restitution: You may be required to pay for the victim’s medical bills or other related costs.

• Community Service: The court can order a term of community service.

• Anger Management: Mandatory attendance and completion of anger management courses.

A conviction can also lead to secondary consequences, such as difficulty finding a job, loss of a professional license, or challenges with housing applications.

Strategic Defenses to Simple Assault Allegations

An arrest is not a conviction. The prosecution bears the burden of proving your guilt beyond a reasonable doubt. Brett M. Rosen, Esq. will meticulously investigate the circumstances of your arrest to identify weaknesses in the state’s case and build a powerful defense. Common defenses include depending on the facts of the case:

• Self-Defense: You were acting reasonably to protect yourself from harm initiated by the alleged victim.

• Defense of Others: You were acting reasonably to protect another person from harm.

• Mutual Combat: The incident was a consensual fight, which can lead to the charge being downgraded to a petty disorderly persons offense.

• Lack of Intent: The contact was accidental, and you did not act purposely, knowingly, or recklessly to cause injury.

• False Accusation / Credibility of the Accuser: The allegations are fabricated or exaggerated. Mr. Rosen will challenge the credibility of the alleged victim and any witnesses.

• De Minimis Infraction: The conduct was too trivial to warrant a criminal conviction.

Frequently Asked Questions (FAQs) About Simple Assault Charges

Q: Can I be charged if I never actually touched the person? A: Yes. Attempting to put someone in fear of imminent serious bodily injury through physical menace is sufficient for a simple assault charge in New Jersey, even with no physical contact.

Q: What if the alleged victim wants to drop the charges? A: While the victim’s wishes are considered, the decision to prosecute lies with the municipal prosecutor, not the victim. The state can proceed with the case even if the victim becomes uncooperative.

Q: Will I definitely go to jail if convicted of simple assault? A: Jail time is a possibility, but not mandatory for a first offense. An experienced attorney can often negotiate for alternative sentences like fines, probation, or community service, or even fight for a complete dismissal of the charges.

Q: Can a simple assault charge be expunged from my record? A: Yes. A conviction for a disorderly persons offense is eligible for expungement in New Jersey, typically after a four-year waiting period from the completion of your sentence. Securing a dismissal through a skilled defense is the best way to avoid a record in the first place.

Q: Should I just plead guilty to get it over with? A: Pleading guilty without consulting an attorney is a significant risk. You would be accepting a permanent criminal record and all the associated penalties without exploring potential defenses that could lead to a much better outcome.

Contact Brett M. Rosen, Esq. for a Free Consultation

If you are facing a simple assault charge in Union County, your reputation and freedom are on the line. You need a dedicated legal advocate who will fight for you. Brett M. Rosen, Esq. is a proven trial attorney who will explore every legal option to protect your rights.

Call today for a free and confidential consultation to discuss your case and learn how we can help. 908-312-0368 & brett@nynjcriminalcivilesq.com

Office: 100 Jefferson Ave., Suite 301, Elizabeth, NJ 07201

Disclaimer: This website provides general information and does not constitute legal advice. The information on this page is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel. The outcome of any legal matter is dependent on the facts and circumstances of that particular case. Prior results do not guarantee a similar outcome. Brett M. Rosen, Esq. is a licensed attorney in the State of New Jersey.