New Jersey Simple Assault

Simple Assault NJ

Simple Assault - The Basics

New Jersey Simple Assault charges are considered Disorderly Persons offenses (misdemeanors). You face up to six months in jail & a $1000.00 fine if you plead guilty or are found guilty. Your simple assault charges must be taken sincerely since a conviction for this crime would stay on your record for 5 years.

A simple assault conviction will affect your ability to get & maintain employment when your background check is conducted.

As Hackensack criminal lawyers, we represent clients charged with simple assault in Bergen County and the neighboring three counties, Essex, Hudson, & Passaic County.

If you are facing simple assault charges, we understand that you are concerned & we will help you. But keep in mind that your situation could be much worse. You could be facing felony charges for aggravated assault. With simple assault charges you are out of felony danger and going to jail is highly unlikely.

Let’s get into NJ simple assault now!

Simple Assault Law - 2C:12-1

A person is guilty of simple assault if the person:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon;

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple Assault - 3 Real Cases

We represented a client in Hackensack, NJ charged with simple assault. They accused him of pushing another man in a bar.  During our client’s free consultation he explained that he did not push anyone. He insisted that he was the victim. At our first NJ court appearance, we met with the prosecutor & explained our side of the story. As expected, the prosecutor requested proof of our self-defense claim. We appeared before the judge & requested a brief 30-day adjournment to conduct our own investigation. Through our investigation, we got video surveillance from the bar & our client was telling the truth. He was not the aggressor. We went back to court & after meeting with the prosecutor he agreed to dismiss the criminal charges.

In another case, our client was facing simple assault charges in Newark. Our client had been having trouble with his neighbor for years & one-day things escalated. They exchanged insults & our client slapped his neighbor. The whole incident was captured on a smartphone video. This time we could not assert self-defense. The case against was strong & our client was in the wrong. We successfully admitted our client into the conditional dismissal program. We kept him out of jail & his criminal charges were dismissed.

In our last example, one of our Jersey City clients lost his temper with a co-worker. His co-worker had been making fun of our client’s weight issues & our client lost it. He punched his co-worker in the chest. Since he did not act in self-defense, we could not get his criminal charges dismissed. However, we showed the prosecutor evidence that our client was provoked & we reached a plea deal where the simple assault charges would be downgraded. Again, we kept our client of jail & kept his record clean.

Simple Assault Charges Involving Domestic Violence

If you’ve been charged with a Simple Assault arising out of a Domestic Violence situation, a Conditional Dismissal is not an option.
You will have the following choices:

Plead Guilty

You will have to admit what you did under oath. This option will leave you with a criminal conviction. It will stay on your record for 5 years before it can be expunged. And it will show up a background check.

Plead Guilty to a Downgraded Charge

This is one aspect of plea bargaining. Instead of admitting that you committed a simple assault against someone, we will work out a deal with the prosecutor where you plea guilty to a lesser offense.

Go To Trial & Get Acquitted

This means that the Municipal court judge listened to all of the evidence & decided that you are not guilty of committing simple assault.

Go To Trial & Get Convicted

This means that the judge listened to all of the evidence & decided that you did commit simple assault.

Simple Assault - Legal Defenses

Legal defenses to simple assault will vary according to the facts of your case. This type of crime is fact-sensitive & much depends on the evidence against you.

Simple Assault Defenses include

1. Self-Defense
This defense boils down to “I was protecting myself”. You had no other choice but to commit a simple assault (punch, slap, push) because you were protecting yourself. As a society, we recognize that people are allowed to avoid harm & protect themselves.

2. Mistaken Identity Defense
This involves a situation where you did not commit a simple assault at all. The police made a mistake and arrested the wrong person. You may have been at the bar or party, but another person committed the simple assault.

3. Alibi – 
This is another situation where you did not commit simple assault because you were nowhere near the scene of the crime. We show the judge & prosecutor proof that you were somewhere else. 

Fighting By Consent Or Mutual Combat

“Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent of the parties in which case it is a petty disorderly persons offense.”

Mutual combat is a good way to either get your charges downgraded or dismissed. Since you and the person you injured understood that you would be “fighting” then there is not a real victim. The “Mutual Combat” defense is commonly raised with high school and college kids.

Can a Simple Assault Conviction get Expunged?

If you plead guilty or are found guilty of Simple Assault, you can expunge the arrest and conviction after five years.

If you are acquitted at trial, you will not have a conviction. However, you will need to expunge the “arrest” record.

If you use the Conditional Dismissal program, you will need to wait one year to expunge your arrest record.

It is extremely important to expunge the record of your arrest because this will pop up on any & all background checks.

If I'm convicted at trial, can I appeal?

Yes.

Although appeals can be expensive, it’s definitely worth the money to try.
If you feel that you didn’t get a fair trial or that certain evidence was irrelevant, an appeal is a way to go.
I highly recommend that you hire an aggressive, criminal lawyer to represent you for your appeal.
There are specific steps that must be taken to (intelligently) file an appeal.
Please do not try to do this alone, get help!

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Practice Areas

Below, you will find a few of our practice areas.

Areas We Serve

Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities. 

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
5.0
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Bank Sinatra
Bank Sinatra
23:07 15 Oct 20
Not going to get into detailBut I spoke to a femaleBy the name of SameraWho really helped me see things clearer& Understand my rightsSo I could weigh my optionsAlan came in & he's what I call no nenseStraight down to businessNot Guilty when it's finishedJust wanted to publicly sayThey're the best that I've witnessedThis my 1st reviewNot somethin I'd typically doBut other ppl in my shoes would've plead out to 2Paid double the fees & the retainerSalute to them I'm not a detainerAnd I'm home wit my family rappin for strangers lol
Matthew Jenner
Matthew Jenner
21:28 14 Oct 20
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Lissette Guzman
18:15 14 Oct 20
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Ronald Yee
Ronald Yee
00:27 06 Oct 20
Outstanding is the only word that not even comes close to both Mr. Alan Peyrouton, Esq. and Office Manager/Paralegal Ms. Samera Cerva!Although the infraction could have been not only a fine plus incarceration,Mr. Alan negotiated to a fine and settlement of one- half of what was listed as the usual cash amount. Indeed, this law firm gave constant "Personal Touch," and for which there are no words in the English language which can properly convey my thoughts of appreciation.Whenever there was a question and doubt about anything, this law firm answered every question. No additional charges were attached with any telephone call and/or E-mail sent!Advice was also given how to EXPUNGE this legal issue and will continue with the Peyrouton Law Firm until records removal.One can not go wrong by selecting this Exceptional Law Firm.Exceptional Value, Personal Service, Professionalism, Etc. All: Outstanding!!Respectfully submitted,Ronald Yee- Continuing Client.
Rock'd
Rock'd
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미셀줌마michell-zoomma
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ceci Liu
ceci Liu
01:43 25 Jul 20
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A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.