Being charged with assault in Union Township, New Jersey, whether it’s Simple Assault or the more serious Aggravated Assault, can have profound consequences on your life. A conviction can lead to jail or prison time, substantial fines, a criminal record, and difficulties with employment and personal relationships. Brett M. Rosen, Esq. is a skilled New Jersey criminal defense attorney with significant experience defending clients against all types of assault charges arising in Union Township. As an attorney Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Mr. Rosen provides aggressive, knowledgeable defense representation in both Union Township Municipal Court and Union County Superior Court.

908-312-0368 & brett@nynjcriminalcivilesq.com

Why Choose Brett M. Rosen for Your Union Township Assault Charge? 

• Focused Assault Defense Experience:  Handling both Simple Assault cases in Union Township Municipal Court and complex Aggravated Assault cases originating from Union Township handled in Union County Superior Court.
• Local Knowledge: Familiarity with the local court system, prosecutors, and specific procedures relevant to Union Township cases.
• Certified Trial Expertise: NJ Supreme Court Certification demonstrates recognized skill in handling criminal trials, crucial if your assault case proceeds to that stage.
• Strategic Defense Development: Expertise in analyzing evidence, identifying weaknesses in the prosecution’s case, and asserting defenses like self-defense.
• Negotiation & Trial Readiness: Skilled in negotiating potential downgrades (e.g., Aggravated to Simple Assault) but always prepared to vigorously defend clients at trial.

Understanding Assault Charges in Union Township, NJ

New Jersey law distinguishes between two main types of assault:

1. Simple Assault (N.J.S.A. 2C:12-1a)

• What it is: Generally involves attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another; negligently causing bodily injury with a deadly weapon; or attempting by physical menace to put another in fear of imminent serious bodily injury.
• Typical Grading: Usually a Disorderly Persons (DP) offense, sometimes a Petty Disorderly Persons (PDP) offense (if mutual combat).
• Court: Handled in Union Township Municipal Court.
• Penalties: Up to 6 months in county jail (for DP), up to $1,000 fine, plus court costs and a criminal record.

2. Aggravated Assault (N.J.S.A. 2C:12-1b)

• What it is: Encompasses more serious conduct than Simple Assault. Common examples include:
  • Causing or attempting to cause Serious Bodily Injury (SBI) (Second Degree).
  • Causing or attempting to cause Significant Bodily Injury (SBI) (Third Degree).
  • Causing bodily injury with a deadly weapon (Third or Fourth Degree, depending on circumstances).
  • Assaulting a law enforcement officer, firefighter, teacher, health care worker, or other protected person (Third or Fourth Degree).
• Grading: An Indictable Crime (felony), graded as Second, Third, or Fourth Degree depending on the specific subsection violated.
• Court: Handled at the Union County Superior Court in Elizabeth.
• Penalties: Significantly more severe:
  • Second Degree: 5-10 years in state prison, fines up to $150,000. Subject to No Early Release Act (NERA), requiring 85% of sentence served before parole eligibility. Presumption of incarceration.
  • Third Degree: 3-5 years in state prison, fines up to $15,000. NERA may apply. Presumption against prison for first-time offenders, but easily overcome.
  • Fourth Degree: Up to 18 months in state prison, fines up to $10,000.

Potential Defenses to Assault Charges in Union Township

A strong defense is critical. Depending on the facts of your Union Township arrest, potential defenses expertly explored by Brett M. Rosen include:

• Self-Defense / Defense of Others: Arguing your use of force was legally justified to protect yourself or someone else from unlawful force.
• Lack of Intent: Challenging the prosecution’s ability to prove you acted purposely, knowingly, or recklessly as required by the specific assault statute.
• Misidentification: Proving you were not the person who committed the alleged assault.
• Alibi: Demonstrating you were somewhere else when the incident occurred.
• Consent / Mutual Combat: In limited circumstances (usually reducing Simple Assault to a PDP offense), showing the other party willingly entered the fight.
• Challenging the Injury Level: Arguing the alleged injury does not meet the legal definition required for the charged degree (e.g., proving an injury was merely “bodily” not “significant” or “serious” could lead to reduced charges).
• Challenging “Deadly Weapon” Element: Disputing whether an object used qualifies as a deadly weapon under the law or was used in a manner capable of causing death/SBI.
• Constitutional Violations: Challenging illegal stops, searches, seizures, or confessions obtained by Union Township police.

Navigating the Courts for Union Township Assault Cases

• Simple Assault (DP/PDP): Your case will be handled entirely within the Union Township Municipal Court located at 981 Caldwell Ave, Union, NJ 07083.
• Aggravated Assault (Indictable Crime): While initial processing might occur locally, your case will be transferred to the Union County Prosecutor’s Office and adjudicated at the Union County Superior Court, Criminal Division, located at 2 Broad St, Elizabeth, NJ 07207.

Brett M. Rosen provides experienced representation in both of these court systems for assault charges originating in Union Township.

Frequently Asked Questions (FAQ) – Union Township Assault Charges

Q: What is the main difference between Simple Assault and Aggravated Assault in Union Township? A: The primary differences often involve the severity of the injury caused (bodily vs. significant vs. serious), whether a weapon was used, the intent of the actor, or the status of the victim (like a police officer). Simple Assault is a disorderly persons offense (misdemeanor equivalent) handled locally, while Aggravated Assault is an indictable crime (felony) handled at the county level with much harsher penalties.

Q: What are the penalties if I’m convicted of Simple Assault in Union Township Municipal Court? A: As a disorderly persons offense, a conviction carries potential penalties of up to 6 months in county jail, a fine up to $1,000, court costs, potential anger management counseling, and a criminal record.

Q: Can I claim self-defense if I was charged with assault in Union Township? A: Yes, self-defense (or defense of others) is a potential justification defense under N.J.S.A. 2C:3-4. However, you must show your belief in the need for force was reasonable and the force used was proportionate and immediately necessary. You generally have a duty to retreat before using deadly force if safely possible (outside your home). An attorney is crucial for evaluating and presenting this defense.

Q: Where will my Aggravated Assault case from Union Township be heard? A: All indictable Aggravated Assault charges are handled at the Union County Superior Court in Elizabeth, NJ.

Q: Do I need an attorney for a Simple Assault charge in Union Township Municipal Court? A: Yes, absolutely. Even though it’s not a felony, a Simple Assault conviction results in a criminal record, potential jail time, and significant fines. An experienced attorney like Brett Rosen can fight the charges, negotiate potential downgrades to non-criminal ordinances, or argue for minimal penalties, protecting your record and future.

Contact Union Township Assault Lawyer Brett M. Rosen, Esq. Today!

Assault allegations in Union Township demand a serious and immediate defense. Whether facing Simple Assault in Municipal Court or Aggravated Assault in Superior Court, you need a skilled advocate protecting your rights. Contact Brett M. Rosen, Esq., a Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, he has experience in Union County courts, immediately for a free and confidential consultation regarding your Union Township assault charge.

908-312-0368

100 Jefferson Ave, Suite 301, Elizabeth, NJ 07201

Disclaimer: This information is intended for general educational purposes only and does not constitute legal advice. Assault laws in New Jersey are complex, and the potential penalties are serious. The specific facts of your case are critical. If you have been arrested or charged with Simple Assault or Aggravated Assault in Union Township, you must consult with a qualified New Jersey criminal defense attorney like Brett M. Rosen, Esq. immediately. Do not rely solely on this information. Contacting Brett M. Rosen, Esq. does not create an attorney-client relationship unless a formal agreement is signed. Results are not guaranteed.