Simple Assault Lawyer in Berkeley NJ
Defending Clients Charged with Simple Assault in Berkeley Township
Berkeley Township, located in scenic Ocean County New Jersey, was once home to such towns as Seaside Park, Seaside Heights, Beachwood, South Toms River, and Ocean Gate. While those towns are now separate entities, Berkeley Township still encompasses nearly 55 square miles, with Toms River serving as its Northern Border, South Seaside Park to the East, and Lacey Township extending to the southern tip. Any of you familiar with Ocean County and this popular seaside area know that it is often the site of drinking, partying, and potentially raucous behavior. But Berkeley provides more than just opportunities for nightlife. In fact, the township is home to over 40,000 regular residents who live, work, and raise families within its often beautiful landscape. As you might expect, with such a large population and a far-reaching jurisdiction, Berkeley is also the site of numerous arrests and criminal charges, many of which are for simple assault.
Whether you live in the township or are merely visiting, you may be charged with a disorderly persons offense for simple assault if you are accused of a variety of potential actions that ultimately harm or threaten another with immediate bodily injury. For this criminal misdemeanor, you will be required to appear in the local Municipal Court and your exposure to punishment includes an Ocean County Jail sentence for up to 180 days. Unfortunately, a collateral consequence often involves a temporary restraining order, which requires yet another court case to be litigated, this time in the Ocean County Family Court. If this happened to you or a loved one has been accused of simple assault in Berkeley NJ, get the help you need today by calling (848) 238-2100. Our lawyers have over a decade of experience defending clients in Ocean County courts and we are here to aid in your top defense. You can reach us 24/7 for a free consultation or feel free to send us a message online.
Berkeley, New Jersey Simple Assault Charges
Simple assault is a disorderly persons offense, alleging that the defendant either:
- Attempted to cause bodily injury; or
- Caused injury with a deadly weapon negligently; or
- Caused someone to be fearful that the actor would immediately harm him or her.
If the state successfully proves its case, you face a criminal conviction and jail time for this seemingly minor disorderly persons offense. And while disorderly persons offenses are not felonies (indictable charges), they do allow the court to sentence you to jail, although this is rarely necessary and should be avoided at all costs. A person convicted of simple assault when charged as a disorderly persons offense faces a $1,000 fine, up to 6 months of jail time, plus $155 in mandatory penalties. However, if you are found guilty of mutual fighting under the statute, the degree drops to a petty disorderly persons offense and the consequences are less severe. For mutual fighting, a maximum jail term of 30 days is permissible as well as $500 fines.
Charged with Simple Assault in Berkeley Township, Are there Defenses Available?
There are many defenses for a simple assault case that are fact-specific to the circumstances of the individual arrested. For instance, if you were attacked and suffered injuries and are really the victim, then your actions in defending yourself should not result in a criminal conviction. This is essentially self-defense. Similarly, if your case involves a domestic violence incident, we can represent you at both the Final Restraining Order (FRO) hearing in the Ocean County Family Superior Court and the criminal prosecution in Berkeley Municipal, where we can cast doubt on the alleged victim’s version of events. Moreover, we can discuss the defenses and facts of the case with you before filing motions to dismiss due to evidentiary issues, insufficient evidence, or other deficiencies in the state’s case. Alternatively, our lawyers can negotiate with the prosecutor and may obtain a better deal, such as pleading to an ordinance violation or lower level offense such as disorderly conduct. Sometimes, an agreement to something as simple as anger management can facilitate a dismissal in lieu of a criminal record.
Need a Berkeley NJ Simple Assault Lawyer for Defense
The criminal defense lawyers at our local firm have experience handling simple assault cases in Berkeley Township Municipal Court and can help lessen the impact that a conviction can have on you. No matter what you are arrested for, whether it be a single assault charge or several crimes such as resisting arrest, hindering apprehension, or obstruction, we can handle your case. Whether you choose a plea deal, an alternative outcome is available by way of diversion or motion for dismissal, or we take the case to trial, we will not stop fighting for you. Contact us at (848) 238-2100 to talk through your case and learn more.