Simple Assault Attorney Scotch Plains, NJ

Simple Assault Attorney Scotch Plains, NJ

Have you been accused of simple assault in Scotch Plains, New Jersey? An assault charge, even a simple one, can have serious consequences. A conviction can lead to jail time, fines, and a lasting criminal record that can impact your employment and personal life. Don’t face these charges alone.

Brett M. Rosen, Esq., is an experienced criminal defense attorney who specializes in representing individuals charged with simple assault in Scotch Plains and throughout Union County. Our firm understands the nuances of New Jersey assault laws and the local court system. We’re dedicated to providing you with the vigorous defense and compassionate support you need during this challenging time.

What is Simple Assault in New Jersey?

Simple assault, as defined in N.J.S.A. 2C:12-1, is a less serious offense than aggravated assault but still carries significant penalties. It can occur in several ways:

• Attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another person: This includes acts like punching, kicking, shoving, biting, or spitting that result in physical harm.
• Negligently causing bodily injury to another with a deadly weapon: Even if you didn’t intend to cause harm, using a weapon recklessly and causing injury can result in a simple assault charge.
• Attempting by physical menace to put another in fear of imminent serious bodily injury: This includes threats of violence or actions that make someone reasonably fear for their safety.

Penalties for Simple Assault in Scotch Plains, NJ

Simple assault is usually a disorderly persons offense, similar to a misdemeanor in other states. However, the potential consequences are still significant:

• Jail Time: Up to six months in the county jail.
• Fines: Up to $1,000.
• Probation: May be required and could include conditions like community service, anger management classes, or restitution.
• Restraining Order: In cases involving domestic violence, the court may issue a restraining order against you, prohibiting contact with the alleged victim.
• Criminal Record: A simple assault conviction will result in a permanent criminal record that can affect your employment, housing, and other opportunities.

How Brett M. Rosen, Esq. Can Defend You

Facing a simple assault charge can be overwhelming, but our firm is here to help. We offer a comprehensive defense strategy tailored to your unique situation:

• Thorough Investigation: We will meticulously review all evidence, including police reports, witness statements, medical records, and any video footage. We leave no stone unturned in our effort to build the strongest possible defense.
• Challenging the Prosecution’s Case: We will carefully examine the evidence, cross-examine witnesses, and raise doubts about the prosecution’s narrative. Our goal is to expose weaknesses in their case and create reasonable doubt.
• Exploring All Defenses: Depending on the circumstances, we may explore defenses like self-defense, defense of others, mutual combat, consent, or lack of intent. We will also consider any mitigating factors that could lessen the severity of the charges.
• Negotiating with Prosecutors: We are skilled negotiators and will work tirelessly to reach a favorable plea agreement if possible. This could involve reducing the charges, seeking alternative sentencing options like probation or community service, or even getting the charges dismissed entirely.
• Providing Zealous Courtroom Representation: If your case goes to trial, you can trust Brett M. Rosen, Esq. to provide aggressive and effective representation in Scotch Plains Municipal Court. We will fight for your rights and advocate for the best possible outcome.

Potential Defenses Against Simple Assault Charges in Scotch Plains

Several defenses may be available to you depending on the specific facts of your case. These include:

• Self-Defense/Defense of Others: If you used force to protect yourself or another person from imminent harm, and the force used was reasonable under the circumstances, this could be a valid defense.
• Mutual Combat: If both parties willingly engaged in a fight, it may be possible to argue that the assault was not a crime.
• Lack of Intent: If you did not intend to cause bodily harm or fear of serious bodily injury, this could be a defense, although it may not apply in all situations.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of simple assault beyond a reasonable doubt, the case may be dismissed.
• False Accusation: We can investigate if you were falsely accused or misidentified by the alleged victim or witnesses.

Frequently Asked Questions About Simple Assault Charges in Scotch Plains, NJ

1. What should I do if I am accused of simple assault in Scotch Plains, NJ? The first and most important step is to remain silent and contact an attorney immediately. Do not speak to the police or anyone else about the incident without legal counsel.
2. Can a simple assault charge from Scotch Plains, NJ be expunged from my record? In some cases, it may be possible to expunge a simple assault conviction after a waiting period. However, this is a complex process, and it’s essential to consult with an attorney to determine your eligibility.
3. Will a simple assault conviction affect my employment? Yes, a simple assault conviction can negatively impact your employment prospects, especially in jobs that require a clean criminal record or background checks.
4. What is the difference between simple assault and aggravated assault? Aggravated assault involves more serious injuries or the use of a weapon, and it is classified as a felony with harsher penalties than simple assault, which is typically a disorderly persons offense.
5. Can I be charged with simple assault if there were no injuries? Yes, you can still be charged with simple assault even if the alleged victim did not sustain any physical injuries. The attempt to cause bodily injury or putting someone in fear of imminent serious bodily injury can be enough to constitute simple assault.

Don’t Let a Simple Assault Charge Define Your Future – Contact Brett M. Rosen, Esq. Today!

If you are facing simple assault charges in Scotch Plains, New Jersey, don’t let this one incident define your future. Brett M. Rosen, Esq. is committed to providing you with the experienced, dedicated, and compassionate representation you need. We will fight for your rights, protect your reputation, and work tirelessly to secure the best possible outcome.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com.