Middletown Simple Assault Attorney

Arrested and Charged with Assault in Middletown NJ?

Whether it was a bar fight, fight between loved ones or a fight between friends, the Middletown criminal defense attorneys at Keith Oliver Criminal Law can help. Although the crime of simple assault is the lowest level assault charge in New Jersey, the penalties if convicted can be harsh. Simple assault is a disorderly persons offense in New Jersey. So, if convicted, not only will an individual be saddled with a criminal record but they will also be facing jail time, even for a first time offender. If you have been charged with simple assault and the offense is considered an “act of domestic violence” then a individual may end up spending at least a night in the Monmouth County Jail pending a potential Detention Hearing based on the new bail reforms. For more information on Detention Hearings, please see below. In addition to that, if the act is considered an act of domestic violence, it could also be used by the victim to obtain a Temporary Restraining Order (TRO) as well. This is separate and apart from the criminal charges and they carry rather harsh penalties too if it becomes a Final Restraining Order (FRO). If you would like to speak to one of our Middletown criminal defense attorneys about your options then please contact us at 732-858-6959. As you can see from the map above, our office is located directly across the street from the Middletown Municipal Court at 18 Kings Highway.

Looking to Consult with a Local Middletown Lawyer for an Assault Case

The criminal defense attorneys at Keith Oliver Criminal Law fully understand the pressure and stress that most feel when they have been charged with a criminal offense. On top of that, we realize that most individuals that are charged with simple assault are dealing with criminal justice system for the very first time. So, if you would like to come into our office for a face-to-face consultation with one of our attorneys then please contact us at 732-858-6959. We can discuss the specific facts of your case and we will give you our honest feedback on how we can be of assistance. Do not let a simple mistake ruin your future, let the attorneys at Keith Oliver Criminal Law help. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.

What to Know About Simple Assault Charges in Middletown

Do I need a Lawyer for a Simple Assault Charge in Nj?

The offense of simple assault is governed by NJSA 2C:12-1a in New Jersey. The legislature has chosen to break this offense down into three different subsections, each of them covering different potential conduct. Here is a breakdown of the three different subsections, including what the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

What are the Elements for a Simple Assault Charge when Bodily Injury is Alleged: NJSA 2C:12-1a(1)

• Before a Defendant can be convicted of this subsection, the State must prove that:
  • The Defendant caused bodily injury to the victim; &
  • The Defendant acted purposely or knowingly or recklessly in causing bodily injury.

What are the Elements for a Simple Assault Charge when a Deadly Weapon is Negligently Used: NJSA 2C:12-1a(2)

• To be convicted of this subsection, the State must prove that:
  • The Defendant caused bodily injury to the victim; &
  • The Defendant caused said bodily injury by using a deadly weapon; &
  • In doing so, the Defendant acted negligently.

What are the Elements for a Simple Assault Case when Physical Menace is Alleged: NJSA 2C:12-1a(2)

• In order to be convicted of this subsection, the State must prove that:
  • The Defendant purposely attempted to put the victim in fear of imminent serious bodily injury; &
  • The Defendant did so by physical menace.

Bodily Injury has been defined as “physical pain, illness or any impairment of the physical condition”.

Is there Jail Time for a Simple Assault Charge in NJ?

Simple assault can be either a disorderly persons or a petty disorderly persons offense in New Jersey. Both of those offense are considered misdemeanor offenses, which is considered the lowest level criminal offense in New Jersey. With that being said, the potential consequences of a conviction for simple assault, especially if it is considered a crime of domestic violence, can be crippling. Here is a breakdown of the potential penalties:

Disorderly Persons Offense

Petty Disorderly Persons Offense

Can I get Bail in NJ on a Simple Assault Charge?

The bail reform in New Jersey forever has changed as of 2017. As of now, New Jersey uses a pure risk assessment analysis when determining whether or not a Defendant should be released from jail while the charges  are pending. For the most part, this has lead to more Defendant’s being released on an ROR status or with certain conditions imposed, including an ankle monitor. However, they have strict guidelines when it comes to crimes that are considered an “act of domestic violence”. Defendant’s that fall into that category are supposed to be held in the Monmouth County Jail for up to 48 hours so that pretrial services can do a risk assessment. Once that occurs, the prosecution then has the ability to file for a Detention Hearing if they are seeking to detain a Defendant in the Monmouth County Jail, without bail, pending trial. For more information on Detention Hearings, please contact us at (732)858-6959.

Can I Be Served with a Restraining Order to Based on a Simple Assault in Middletown?

In short, yes. If the alleged victim of the simple assault is a protected party pursuant to New Jersey’s Domestic Violence Prevention Act, then they would be entitled to petition the Court for a Temporary Restraining Order (TRO). If in fact a TRO is granted this will be considered a separate case from the underlying criminal simple assault charge. The TRO will need to be litigated in the Monmouth County Superior Courthouse, Chancery Division, Family Part. At the Final Restraining Order Hearing a Judge will be required to make a determination whether a final order of protection is necessary to protect the victim from future acts of domestic violence. This decision will be made after hearing all the credible evidence presented by both parties. For more information on what happens at a final restraining order hearing, including what evidence is permitted, please click the link.

Can the Police Really Seize My Weapons For a Simple Assault Charge?

If the crime is considered an “act of domestic violence” or if a temporary restraining order is imposed, then yes the Middletown Police Department will be required to seize any weapons. If a final restraining order is put into place or if the individual is convicted of the domestic violence simple assault then they would forfeit those weapons as well as their right to ever possess weapons in the future. If the charges and the TRO are ultimately dismissed, the Monmouth County Prosecutor’s Office an still seek to forfeit the weapons as well. For more information on weapons forfeiture hearings, including ways to contest them, please click the link.

Need to Speak to a Local Middletown Attorney about a Simple Assault Case

If you have been arrested and charge with simple assault or aggravated assault in Middletown, New Jersey, the criminal defense lawyers in a Keith Oliver Criminal Law can help. These are serious criminal charges and should not be taken lightly. At Keith Oliver Criminal Law, we fully understand that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt our representation tactics to fulfill our clients needs, whether that be a trial, motion practice or negotiating a favorable plea agreement. If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (732) 858-6959 or email us.