How Can I Defend Against Assault and Battery Charges in New Jersey?

Facing assault and battery charges can be overwhelming. If you were accused of this offense, it’s in your best interest to contact our determined Bergen County Assault Defense Attorneys, who can effectively fight to protect you from a future burdened by hefty fines, jail time, and the long-term ramifications of a permanent criminal record. 

What Are the Penalties for Assault and Battery Charges in New Jersey?

In New Jersey, assault occurs when someone puts another in fear of imminent harm. It’s important to understand that assault includes making threats that put someone in reasonable fear of serious bodily harm or death. Battery, on the other hand, occurs when someone makes unlawful or offensive physical contact with another person without their consent. The most common types of assault charges in New Jersey include the following:

  • Simple assault: Disorderly person offense, punishable by up to six months in jail and a fine of up to $1,000
  • Aggravated assault: Any degree of this offense is considered an indictable crime, punishable by up to ten years of imprisonment and a fine of up to $150,000

Battery charges require a person to make physical contact, whereas assault only requires that a person believe harm is imminent. Generally, a person who commits battery in New Jersey will be charged with aggravated assault.

What Are Potential Defenses?

As with most charges in criminal law, there are various defenses to assault and battery accusations. One of the most common defenses used in assault and battery cases is self-defense. If you used force against another person because you reasonably believed that there was an imminent threat of harm, you may be able to argue that you acted in self-defense. To establish this defense, you must show that the force you used was necessary to protect yourself from immediate harm and that you did not use more force than was reasonably required to escape the situation.

In addition, if you took action to defend someone else who was threatened with serious bodily injury or death, you may be able to assert the defense of others. Like self-defense, asserting this defense presents the risk of admitting you engaged in conduct that would justify criminal penalties under different penalties. Depending on the unique circumstances involved,  you may be able to claim that you acted only to defend your property. New Jersey courts recognize the defense of property as a justification for assault under certain circumstances. Therefore, you may have legal justification if you committed a violent act to protect your home.

Furthermore, if a person voluntarily consents to a particular act, consent can be a defense to an assault and battery charge. For instance, if two individuals consent to fight one another, then proving this mutual consent can provide protection against assault and battery charges. It’s important to note that even if you consented to mutual fighting, you are violating public policy, meaning you can still face punishment under assault and battery charges.

If you are facing criminal charges, please don’t hesitate to contact a skilled attorney from The Law Office of Carl Spector, who can fight to protect your future.