Long Branch Assault Lawyer

Long Branch Assault Attorney

Michael Rosas Law PC offers dedicated legal representation to individuals facing assault charges in New Jersey. Our Long Branch assault lawyer brings extensive knowledge of the state’s criminal justice system and an exceptional track record of success.

Assault Charges in New Jersey

New Jersey categorizes assault charges as simple assault or aggravated assault. Penalties vary based on the charge and severity.

A simple assault is typically charged as a disorderly persons offense. This is similar to a misdemeanor in New Jersey. A simple assault charge involves:

• Attempting to cause bodily harm to another person, either purposefully, knowingly, or recklessly
• Negligently causing harm to another with a deadly weapon
• Threatening menacing harm to put someone in fear of serious bodily injury

The charge is less severe than aggravated assault. However, a conviction still comes with significant consequences, such as jail time, fines, and a permanent criminal record.

Aggravated assault involves more serious circumstances and is charged as an indictable offense, or felony, in the state. Aggravated assault may be charged if:

• A deadly weapon was used in the act
• A person caused serious bodily harm to another
• The victim was a teacher, police officer, healthcare worker, or another protected individual
• The assault occurred alongside another crime

In New Jersey, violent crimes occur at a rate of about 218 per 100,000 residents, ranking the state 42nd in the U.S. for violent crimes. Assault is the most common crime in Asbury Park, occurring at a rate of 2.075 per 1,000 residents.

Assault Penalties in New Jersey

The specific consequences of an assault charge in New Jersey vary depending on the severity of the charge.

Simple assault penalties may include:

• Time in county jail
• Fines
• Probation
• Community service
• Restitution
• Anger management or counseling

Aggravated assault penalties may include:

• Time in state prison
• Hefty fines
• Loss of certain civil rights
• Probation
• Parole supervision

In addition to these consequences, you could face job loss or issues with finding housing. Assault charges appear on background checks, which could also impact your professional licenses.

Working with a Long Branch criminal defense attorney can help minimize penalties with a strong defense strategy. Your attorney can negotiate with the prosecution to help protect your future and freedoms.

What to Do if You’ve Been Charged with Assault in New Jersey

If you’ve been charged with assault in Long Branch, it’s important to take the right steps to protect yourself and build a stronger case.

• Remain silent. Don’t answer any questions from law enforcement without an attorney present. Anything you say can be used against you by the prosecution.
• Contact an attorney immediately. Ensuring legal representation quickly gives you more time to build a strong case and protect your rights.
• Gather evidence. Be sure to preserve any communication, such as texts, emails, or witness information, that can help your case.
• Follow all legal advice. Working closely with a Long Branch assault attorney can help you get through the legal process more smoothly and successfully.

An assault case in Long Branch, NJ, will likely be handled at the Long Branch Municipal Court or the Monmouth County Superior Court, both of which are law firm is familiar with.

Possible Defense Strategies in an Assault Case

A common self-defense strategy pursued during an assault case is that of self-defense. Proving that you acted to protect yourself from harm requires showing that the force used was reasonable under the circumstances. This also applies if you acted in defense of another person to protect them.

Since assault charges require proof of intent, demonstrating that the incident was accidental or that no intent existed can weaken the case. In addition, there is always a chance you were mistakenly identified or falsely accused. Conflicting witness testimony can be a good source of evidence in your favor.

Why You Should Choose Michael Rosas Law PC

Michael Rosas Law PC brings a client-centered approach to every case. Our team holds years of experience in handling assault charges successfully. Mr. Rosas has been certified by the Supreme Court of New Jersey as a criminal trial attorney and has vast experience as a trial lawyer for state and federal cases.

We work to develop a tailored defense that protects your rights and freedoms. Our goal is to maintain clear communication with clients to keep you informed throughout every step of the legal process.

Michael Rosas Law PC is an aggressive advocate who works tirelessly to obtain for you the most favorable outcome possible in your assault case.

FAQs

How Long Does a Simple Assault Stay on Your Record in NJ?

In New Jersey, a simple assault conviction can remain on your criminal record permanently if you don’t have it expunged. Simple assault is generally charged as a misdemeanor. You are eligible for expungement after a waiting period that depends on the sentencing. Expungement can remove the conviction from public records. This can help you when seeking employment and housing by taking the charge off your background checks.

What Are the Three Elements of Assault?

The three key elements of assault are generally intent, apprehension of harm, and ability or attempt to act. This means you must have intended to cause harm or bodily injury. The victim must have reasonably believed that harmful contact was imminent. The accused must have the present ability to carry out the threat. Courts examine these factors when determining guilt or liability in an assault case.

How to Get Out of an Assault Charge?

Getting out of an assault charge requires a strong legal defense tailored to your situation. Common defenses can include self-defense, lack of intent, or false accusations. Weak evidence and unreliable witnesses do not provide enough evidence to prove guilt beyond a reasonable doubt. When you hire an assault lawyer, they can build a strong defense strategy and challenge evidence to minimize the penalties.

Hire an Assault Lawyer

An experienced Long Branch assault lawyer can mean the difference between a conviction and a second chance. Whether you are dealing with a simple assault charge or a more serious aggravated assault charge, the legal team at Michael Rosas Law PC can help. Contact us today to schedule a consultation.