Bayonne Simple Assault Lawyer
Bayonne is one of New Jersey’s largest cities. Bordering Jersey City, Bayonne enjoys the designation of being an Urban Enterprise Zone, thereby offering opportunities for employment, shopping, and dining out. Inevitably, criminal charges such as simple assault are common in major cities like Bayonne. Whether these charges arise in family feuds, arguments among roommates or friends, or physical altercations between perfect strangers, a charge for simple assault in Bayonne could result in your arrest and required appearance in Bayonne Municipal Court to be prosecuted. If convicted of the disorderly persons offense of simple assault, you face fines, jail, and a permanent mark on your record.
Seeking defense help for a simple assault charge in Bayonne is vital if you want to achieve the most favorable results in your case. Not only should you find a dedicated criminal defense attorney, but you should strongly consider hiring a local Bayonne criminal defense attorney who knows the in’s and out’s of Bayonne Municipal Court and Hudson County Superior Court. Contact Proetta & Oliver to speak with a Bayonne simple assault lawyer regarding your case and find out how our skilled team can assist you. We provide answers and assistance in free consultations and are available around the clock to best serve your needs. You can reach us online or by phone at (201) 793-8018 for immediate assistance.
Bayonne Simple Assault Charges for 2c:12-1(a)
According to the law on simple assault in New Jersey, N.J.S.A. 2C:12-1(a), you have committed an act of simple assault if you purposely, knowingly, or recklessly caused a physical injury to another person; caused an injury with a deadly weapon while acting negligently; or put another person in fear of immediate serious bodily injury through actions that may be perceived as threatening or potentially violent.
A simple argument can quickly turn into a physical exchange or threat of violence ultimately leading to simple assault charges in Bayonne, and anywhere else in New Jersey for that matter. Bayonne Municipal Court, located at 630 Avenue C in Bayonne, hears simple assault cases that arise in their jurisdiction. After you are arrested and released or held in jail, a date will be set in which your case will be heard in Bayonne Municipal Court. There, the state will set out to prove that you committed an act of simple assault.
During your court case, the injured party may testify before the court that he or she was injured or in fear of serious physical injury due to your actions. Fortunately, you have the right to tell your side of the story and present a solid defense. Unless your attorney negotiates a plea deal with the prosecutor or submits a motion to dismiss based on issues with the evidence or another potential defense, the judge will review your case after a trial and issue a finding of guilty or not guilty.
Penalties for Simple Assault Disorderly Persons Offense in Bayonne
If convicted of simple assault, you will face certain penalties. For instance, you can be sentenced to serve time in the Hudson County Jail for up to 6 months. You may also be ordered to pay a fine of $1,000, a domestic violence surcharge of $100 (if applicable), court costs, a $75 safe Neighborhood Fund Fee, and at least a $50 Victims of Crime Compensation fee. In cases involving domestic violence, you will lose your right to own firearms as well if convicted.
Charged with Simple Assault in a Domestic Violence Case in Bayonne NJ
Many domestic violence incidents result in charges for simple assault under N.J.S.A. 2C:12-1. If the police are called to the scene of a domestic dispute and determine that you and the person you were fighting with were formerly, or currently in a dating relationship or, were former or current members of the same household, you may be charged with an act of domestic violence. First, the Bayonne police will arrive on scene and interview and observe witnesses. The police will interview you, interview your spouse, partner, or household member and determine if anyone is injured. If there are any visible marks, and there appears to be a relationship as defined under the NJ Prevention of Domestic Violence Act, you may be arrested and taken to the Hudson County Jail to await processing.
If you or a loved one has been charged with simple assault relating to domestic violence, you will be held in the Hudson County Jail until such time as the matter is heard by the court. Those charged with simple assault due to an alleged act of domestic violence may be detained in the county jail pending a domestic violence detention hearing, at which time a judge may decide to release or hold you pending the final outcome in your case. Once in jail, court staff and prosecutors gather information and input it into a computer program to determine the risk you pose to the alleged victim, the likelihood of your failure to appear in court, and the potential threat you may represent to the community at large. In many cases of domestic violence, prosecutors file a motion for detention. Often, attorneys can prove instrumental in arguing for your release during your bail proceeding.
Even though you may be in jail and subject to a detention hearing, your case will be sent to Bayonne Municipal Court, as the charge of simple assault is a disorderly persons offense. Restraining orders based on simple assault, however, are heard in the Hudson County Superior Court, Family Division.
Need a Bayonne NJ Simple Assault Defense Attorney
If you have been arrested for simple assault in Bayonne, you may be feeling overwhelmed, but all is not lost. There are a number of highly effective defenses available to beat these charges. Whether you want to fight the charges or otherwise resolve the case, you should seek the advice of an attorney who can help you make an educated decision about what to do next. Depending on your case and your needs, our attorneys can help advance defense theories, resolve your case to the mutual satisfaction of you and the state, or defend against the charges by way of trial. For more information and a free consultation with a Bayonne simple assault attorney who can help, contact us at (201) 793-8018 today.