At the Law Office of Matthew V. Portella, LLC, our New Jersey assault & aggravated assault defense lawyer, Matthew V. Portella, is an aggressive, proactive advocate for clients. When our law firm takes on a case, we commit to putting in the time, resources, and attention to detail necessary to provide personalized representation. If you or your loved one was arrested on an assault charge, we can help. To arrange a confidential consultation with us, please contact us today.
An Overview of Simple Assault Charges in New Jersey
In New Jersey, simple assault is a criminal charge that most often stems from relatively minor alterations. That being said, it would be a mistake to view a simple assault charge as a minor problem. It is still a serious offense that carries serious penalties in New Jersey. Under state law (N.J.S.A. 2C:12-1A), a defendant is guilty of assault if he:
- Attempts to cause or purposely, knowingly, or recklessly cause bodily injury to another; or
- Negligently causes bodily injury to another with a deadly weapon; or
- Attempts by physical menace to put another in fear of imminent serious bodily injury.
In other words, simple assault in New Jersey does not require that a victim suffer a physical injury. New Jersey law holds that simple assault is generally considered to be a disorderly person’s offense. It can also be charged as a petty disorderly person offense if it is committed in a mutual fight/scuffle. If you or your loved one was arrested and charged with simple assault in New Jersey, please do not hesitate to contact our New Jersey assault defense lawyer for immediate assistance with your case.
An Overview of Aggravated Assault Charges in New Jersey
In New Jersey, aggravated assault is a more serious criminal offense than simple assault. Depending on the specific circumstances surrounding an aggravated assault charge, it could potentially carry significant jail time. Under state law (N.J.S.A. 2C:12-1b), a defendant is guilty of aggravated assault if he:
- Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under the circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
- Attempts to cause or purposely or knowingly cause bodily injury to another with a deadly weapon; or
- Recklessly causes bodily injury to another with a deadly weapon; or
- Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded.
Notably, a person could also be arrested for and charged with the crime of aggravated assault if he or she commits a simple assault against certain protected individuals, such as a law enforcement officer or a school board member. If you or your loved one was arrested and charged with aggravated assault, please do not hesitate to contact our New Jersey aggravated assault defense attorney for immediate help with your case.
What are the Penalties for Assault in New Jersey?
In New Jersey, the penalties for assault depend on several factors, the most important being whether you are facing a simple assault charge or an aggravated assault charge. Here is an overview of the maximum possible criminal penalties for an assault charge in New Jersey:
- Simple Assault: In New Jersey, simple assault carries a maximum criminal penalty of a $1,000 fine and six months in jail.
- Aggravated Assault: In New Jersey, aggravated assault is a felony indictable offense. It can carry severe criminal penalties, including between 18 months and 10 years in prison with an 85% parole disqualifier which means that a person convicted of the crime will have to serve 85% of the sentence before being eligible for parole pursuant to New Jersey’s No Early Release Act (NERA).
How New Jersey Criminal Defense Lawyer Matthew V. Portella Can Help
Our founding lawyer, Matthew V. Portella, has more than 25 years of criminal defense experience in New Jersey. He is committed to putting the time, resources, and attention to detail needed to present the strongest possible defense for his clients. When you reach out to our law firm, you have a chance to speak to a New Jersey criminal defense lawyer who is ready to:
- Conduct a comprehensive, confidential initial legal consultation;
- Investigate the assault or aggravated assault charge, gathering evidence;
- Represent you in any plea negotiations with prosecutors; and
- Develop a personalized defense strategy designed to get you the best possible results.
Call Our New Jersey Assault & Aggravated Assault Defense Lawyer Today
At the Law Office of Matthew V. Portella, LLC, we fight aggressively to protect the rights of our clients. If you or your loved one was arrested and charged with assault or aggravated assault, New Jersey defense lawyer Matthew V. Portella is ready to help. Call us now or contact us online to arrange a fully confidential consultation. From our office in Haddonfield, we defend assault and aggravated assault charges throughout New Jersey.