Facing an assault charge in New Brunswick can be intimidating. Even if the incident seems minor, the law in New Jersey treats all assault cases seriously. Assault can be charged as a disorderly persons offense or as a more serious indictable offense, depending on the circumstances. Understanding the types of charges, potential penalties, and general defense options East Brunswick attorneys can provide can help you take the right steps to prepare for your case.
Types of Assault Charges in New Jersey
Assault charges in New Jersey generally fall into two main categories: simple assault and aggravated assault.
Simple assault usually involves causing or attempting to cause bodily injury purposely, knowingly, or recklessly. It can also include threatening someone with immediate harm in a way that makes them reasonably fear for their safety. Common examples might consist of a physical altercation, a shove during an argument, or verbal threats accompanied by aggressive actions.
Aggravated assault is more serious and often involves causing significant bodily injury, using a weapon, or committing an assault against specific protected individuals, such as police officers, teachers, or first responders. The severity of the charge can also depend on the circumstances, such as the level of injury or the setting where the incident occurred.
In New Brunswick, simple assault cases are often handled in municipal court, while aggravated assault cases are heard in Middlesex County Superior Court.
Penalties for Assault in New Brunswick
Penalties for assault vary based on the type and degree of the charge.
For simple assault, classified as a disorderly persons offense, the possible penalties include up to six months in county jail and fines that may reach $1,000. While these penalties may sound less severe compared to indictable offenses, a conviction can still leave you with a criminal record and other long-term consequences, such as employment challenges.
For aggravated assault, the penalties depend on the degree of the offense:
- Fourth-degree aggravated assault can bring up to 18 months in prison and fines up to $10,000.
- Third-degree aggravated assault can result in 3–5 years in prison and fines up to $15,000.
- Second-degree aggravated assault carries 5–10 years in prison and fines up to $150,000, and in many cases, is subject to the No Early Release Act, which requires serving a substantial portion of the sentence before becoming eligible for parole.
Aside from jail or prison time and fines, assault convictions can also lead to restraining orders, difficulty finding work, restrictions on specific professional licenses, and potential immigration consequences for non-citizens.
Possible Defenses in Assault Cases
While every case is different, some of the general defense strategies used in assault cases include:
- Self-defense or defense of others: Showing that the actions were taken to prevent harm to oneself or someone else.
- Lack of intent: Arguing that the injury or threat was accidental and not purposeful.
- Mistaken identity: Claiming that the wrong person was accused due to an error in identification.
- Insufficient evidence: Pointing out gaps or inconsistencies in the prosecution’s case, such as unclear witness statements or lack of physical proof.
- Mutual combat: Arguing that both parties willingly engaged in the altercation.
Experienced East Brunswick lawyers often review the evidence, question witnesses, and apply these or other strategies depending on the specific facts of the case. But these defenses do not guarantee a certain outcome, but they illustrate some of the common arguments used in court when challenging an assault charge.
Immediate Next Steps if Charged in New Brunswick
If you are facing an assault charge, it’s essential to take immediate action to protect your rights and prepare for court. Some general steps include:
- Avoid discussing the case publicly
Stay off social media and avoid conversations about the incident that could be used as evidence. - Know your court dates
Missing a scheduled court appearance can lead to additional charges or a bench warrant. - Preserve evidence and witness information
Keep any photos, videos, or documents related to the incident, and get contact details for potential witnesses. - Seek legal guidance promptly
Experienced East Brunswick attorneys can review the charges, explain potential outcomes, and prepare a defense strategy that fits the circumstances of your case.
If you are facing this situation, it’s important to understand the charges against you, know the possible penalties, and choose from one of the best East Brunswick lawyers to prepare you for court. Taking the proper steps early can help you protect your rights and better manage the challenges ahead.
