Asbury Park Assault Lawyer

Asbury Park Assault Attorney

An assault charge can change your entire life, but you have rights and legal options to help you move forward. The Asbury Park assault lawyer at Michael Rosas Law PC provides aggressive defense for those facing all levels of assault charges. Our Asbury Park criminal defense lawyer can guide you through the complex legal proceedings and work to protect your freedom and reputation.

Assault Charges in New Jersey

Assault is a criminal charge in New Jersey, regardless of whether it’s a minor altercation or a violent act.

In 2024, 68.4% of reported violent crime was aggravated assault. That’s around 218 violent crimes per 100,000 people. Asbury Park alone reports an assault rate of 2.075 per 1,000 residents.

The state divides assault into two categories: simple assault and aggravated assault. Simple assault occurs when a person:

• Attempts to cause or purposely or recklessly causes bodily harm to someone
• Negligently causes bodily injury with a deadly weapon
• Attempts by physical menace to put another in fear of imminent injury

Aggravated assault is a more serious offense. This includes circumstances, such as:

• Causing serious bodily injury
• Using or displaying a deadly weapon
• Assaulting certain protected individuals, such as police officers, teachers, or healthcare workers
• Committing assault during the commission of another crime

Aggravated assault is charged similarly to a felony. The conviction can result in serious penalties. If convicted, you may even face restrictions on certain civil rights.

Assault Penalties in New Jersey

The assault penalties you face in New Jersey depend on the severity of the charge and whether it was a simple case or an aggravated case. Simple assault penalties are less severe than aggravated assault penalties.

Sentencing could include:

• County jail or prison time
• Fines
• Probation or community service
• Anger management or counseling
• Permanent criminal record
• Loss of civil rights

You may face long-term reputational harm, possibly losing your job or professional licensure. If the alleged assault occurred between household members, spouses, or dating partners, you could also receive domestic violence charges. This could result in loss of child custody, restraining orders, and mandatory domestic violence charges.

Common Defenses in Assault Cases

Every case is unique. An experienced Asbury Park assault attorney can tailor a defense strategy to your specific needs. Some of the most common defenses utilized for assault cases can include:

• Self-defense. If you acted to protect yourself from harm
• Defense of others. If you were protecting another person from harm
• Lack of intent. If your actions were accidental or negligent
• False accusations. If you were falsely accused or misidentified
• Insufficient evidence. If there isn’t enough proof beyond a reasonable doubt

The team at Michael Rosas Law PC uses a proactive defense approach. We thoroughly investigate all elements of your charges, including interviewing witnesses, collecting evidence, and reviewing police reports, to create the strongest defense possible.

The Legal Process in Assault Cases

The legal process in an assault case generally follows the same steps. Knowing what to expect can be helpful.

• Arrest and charges. Police may arrest you at the scene of the incident or after the investigation. You will be formally charged with assault, either simple or aggravated.
• Initial appearance and bail. You will appear before a judge. The judge then sets bail or other conditions for your release.
• Pre-trial proceedings. Your attorney begins investigating the case, filing motions, and negotiating with the prosecution.
• Trial or plea negotiations. Depending on the strength of the evidence, your attorney may recommend going to trial or negotiating for a plea deal to minimize penalties.
• Sentencing. If convicted, the courts determine penalties. Most criminal cases are handled at the Asbury Park Municipal Court or the Monmouth County Superior Court.

Why You Should Choose Michael Rosas Law PC

Michael Rosas has been certified by the Supreme Court of New Jersey as a criminal trial attorney and has earned distinctions such as Super Lawyer for several consecutive years.

Michael Rosas Law PC is a trusted advocate for those facing assault charges. We are committed to protecting your future and helping you navigate this difficult time. We’ve successfully defended many clients against both simple and aggravated assault charges. Since every case is different, we work to create a unique defense strategy tailored to your situation. It’s our goal to fight for your rights and achieve the most favorable outcome possible.

FAQs

How to Beat a Simple Assault Charge in NJ?

Beating a simple assault charge in New Jersey can depend on challenging the evidence and intent behind the alleged crime. A strong defense could include self-defense, lack of intent, and insufficient evidence. For example, if there are no injuries or reliable witnesses, the prosecution may struggle to prove the case beyond a reasonable doubt. It is imperative that you work with an experienced Asbury Park assault attorney to have the strongest chance of success.

Can a Lawyer Get an Assault Charge Dropped?

Yes, a lawyer can sometimes get assault charges dropped. However, it really depends on the circumstances. If the evidence is weak or witness statements conflict, your attorney may persuade prosecutors to dismiss the case. If you hire an assault lawyer, they can also negotiate with the prosecution for reduced charges or alternative sentencing, such as diversion programs. Ultimately, the authority to drop charges lies with the prosecution, but a skilled assault attorney can improve your chances of an optimal outcome.

What Is the Average Settlement for Assault?

Settlement amounts for assault cases vary by the severity of the injuries, lost wages, and long-term effects. More serious cases resulting in catastrophic injury demand a higher settlement amount to cover damages. Minor injuries lead to smaller amounts. Psychological trauma and permanent physical damage can increase compensation, however. The strength of evidence also affects the settlement outcome and amounts.

Can You Settle Out of Court for Assault?

Yes, assault cases can sometimes be settled out of court. In civil assault claims, the victim and defendant may agree to a financial settlement without going through a lengthy trial. Settlements can cover medical bills, lost income, and emotional distress. The victim can request dismissal, but prosecutors often continue charges if they believe strong evidence exists.

Hire an Assault Lawyer

If you are facing assault charges in the Asbury Park area, contact Michael Rosas Law PC today to schedule a consultation. Our dedicated assault lawyer is dedicated to fighting for your rights and future.