Ocean Township is a popular destination for beachgoers and vacationers in New Jersey. Easily accessible by the Garden State Parkway, U.S. Route 9, and County Route 532, it is a great spot to take a detour to unwind for a night or relax for a few days while enjoying the festivities. But what happens when a causal jaunt with friends, family disagreement, or romantic quarrel turns into a fist fight, physical altercation, or allegations of simple assault? If you, a friend, or loved one has been charged with simple assault under N.J.S.A. 2C:12-1 in Ocean Township, New Jersey, contact our firm before attending Ocean Township Municipal Court. At Proetta & Oliver, our local Ocean Township criminal defense lawyers can help explain your charges, fight for your rights, and work to help you avoid the excessive punishments of a conviction. You can reach us 24/7 by calling (848) 238-2100 or get a free consultation by contacting us online. An attorney who can answer all of your questions is available right away to assist you.
Charged with Simple Assault in Ocean Township NJ
Ocean Township has many things to do, ranging from going to the beach, to having dinner with friends, or attending a festival. Whether you live in a community like Brookville, Wells Mills, Pebble Beach, Sands Point Harbor, Skippers Cove, Bay Haven, Barnegat Beach, or Holiday Beach, or are simply visiting Waretown as it’s known by locals, almost anything you do can lead to unanticipated criminal charges. As we all know, excessive amounts of alcohol can cause personalities to change, tensions to rise, and potentially cause disagreements. Many disagreements, whether involving alcohol or not, can turn into simple assault charges for you or those around you if physical harm is threatened or inflicted. For example, what if you are at a local park enjoying the Fourth of July Festivities and someone in your group starts arguing with an unfamiliar face seated nearby. The situation quickly escalates and the other person comes over and takes a swing at your friend. Do you try to stop it? Do you chime in? Do you pick up a bat and threatened everyone that if they do not stop you will hurt them? Unfortunately, no matter what you do, you may wind up defending yourself against charges of simple assault.
Under New Jersey Statute Section 2C:12-1, it is a disorderly purpose offense of simple assault to:
Attempt to cause bodily injury to another;
Actually cause bodily injury to another either purposely (it was your intention), recklessly (disregarding the safety of others), or knowingly (you understood what would happen);
Cause injury to another negligently (acting in an unreasonable manner) with a deadly weapon; or
Cause another person by “physical menace” to be in fear of imminent harm.
The law requires the state to demonstrate that the other person sustained an injury or was in immediate fear of sustaining an injury, to obtain a conviction for simple assault. Many of these cases are based on testimony and statements from the victim. Nevertheless, this does not mean that you are left without a defense. For instance, in New Jersey, there are many affirmative defenses that can be used at a trial. In some cases, your attorney may be able to argue that your conduct was in the “defense of others.” This means that we would argue or demonstrate to the court that you were defending another person and inadvertently caused harm or threatened the alleged victim. Similarly, you may have a viable argument for self-defense. The New Jersey Legislature allows for individuals to defend themselves against violence. Of course, there is a component of logic that applies in all cases. In other words, you cannot use excessive force when defending yourself.
What is the Punishment for Simple Assault in Ocean Township?
If simple assault charges are filed in Ocean Township in Ocean County, they will be litigated in Ocean Township Municipal Court located at 50 Railroad Avenue, Waretown, NJ 08758. In cases of domestic violence, you will be held by the court in the Ocean County Jail unless and until a judge decides that you should be released. Typically, if a simple assault charge does not involve domestic violence, you will receive a summons detailing the date and time of your first court appearance.
If you have been charged with simple assault, it means that you have been charged with a disorderly persons offense (misdemeanor). At court, you will be permitted to resolve the case by plea or eventually have a trial in which the state must prove your guilt. If convicted of simple assault, the judge can order you to spend the next 6 months in jail. In addition, you could be ordered to pay court costs, state penalties, and up to $1,000 in fines.
Domestic Violence Simple Assault in Ocean Township NJ
Simple assault is one of many acts of domestic violence that allows a court to enter a temporary or final restraining order in Ocean Township and anywhere else in New Jersey. Any behavior that constitutes simple assault, if committed between those who are family members, spouses, or people who are or were in a dating relationship, can also be used as the basis of a restraining order. Often, two people in a relationship or those that are family members (brother/sister mom/daughter) may get into an argument and a physical fight. Because of their relationship, either party can seek a restraining order. To get a permanent restraining order, the moving party must establish that an act of domestic violence occurred and that he or she is in fear for their physical safety. If successful, the other party would be restrained from contacting the aggrieved party, among other available forms of relief that may be ordered by the court. If a restraining order is filed in Ocean Township, New Jersey, the final hearing for the restraining order is heard in the Ocean County Superior Court, Family Division.
Simple Assault Defense Lawyers in Ocean Township, New Jersey
If you have been charged with a simple assault offense in Ocean Township, contact our office now at (848) 238-2100 for a free consultation. We have the team of attorneys you need to fight your case and put the State to its proofs. Our skilled Ocean Township assault lawyers can also assist you with a restraining order case that arose in addition to your criminal charges. Simply contact us to discuss your case and options.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.