If you are facing assault charges in Glen Rock, Hackensack, Paramus, or any other Bergen County community, you can expect to face serious penalties based on the severity of the alleged incident for which you were charged. As such, the charges you can face range from simple assault, which is a disorderly persons offense in New Jersey, to aggravated assault, which is an indictable, felony-level offense. As such, understanding the different charges, subsequent penalties, and your legal options is critical if you’re facing legal action. Reach out to our dedicated and experienced Bergen County assault defense attorneys to learn more. We are on your side.
What Are The Different Types of Assault Charges In New Jersey?
The state of New Jersey recognizes a number of different types of assault that differ in both their severity and consequences. An individual can still encounter serious charges and penalties even if he or she did not generate real physical harm. A failed assault attempt can still result in criminal charges in addition to other threats that cause victims to fear for their protection. These assault charges are prosecuted in accordance with New Jersey criminal law, and can vary significantly depending on whether the case is handled in municipal court or the Bergen County Superior Court.
Assault charges are criminal offenses defined under N.J.S.A 2C:12-1, and include both simple and aggravated assault. Simple assault is a disorderly person’s offense, while aggravated assault may be charged as an indictable offense, which, in New Jersey, is akin to a felony-level offense. These charges are based on the circumstances surrounding the incident, including the injury level and use of a weapon.
Common Assault Charges and Penalties in New Jersey
- Simple assault:
- Attempting to or purposely, knowingly, or recklessly causing bodily injury to another
- Negligently causes bodily injury to another with a deadly weapon
- Attempting by physical menace to instill fear of imminent serious bodily injury
- The penalties for a simple assault charge include:
- Up to 6 months in jail
- A fine of up to $1,000
- Potential probation, court, and additional surcharges
- Aggravated assault:
- Purposely or knowingly causing injury to another individual
- Use of a deadly weapon
- Assault against a protected individual, like a peace officer acting in their official duty
- Penalties for an aggravated assault charge include
- Up to 10 years or more in prison (depending on the degree charged)
- Fines of up to $150,000
- Mandatory prison in some instances
- Key legal distinctions:
- Simple assault is handled in municipal court since it is a low-level offense
- Aggravated assault is prosecuted in Superior Court as a felony-level charge
- The classification directly impacts sentencing exposure, criminal record severity, and long-term consequences
What Penalties Can You Face Beyond Jail Time in Bergen County?
Assault convictions in Glen Rock, Paramus, Hackensack, and other Bergen County communities can carry hefty penalties beyond incarceration. Courts generally impose penalties that can impact your personal and professional life, as well as your finances and freedoms.
Additional Consequences of an Assault Conviction
- Financial impacts:
- Court fines of up to $1,000 or more, depending on the charge
- Mandatory court costs, fees, and surcharges
- Total costs may reach several hundred or thousands of dollars
- Probation requirements
- Regular reporting to an assigned probation officer
- Restrictions on travel, including curfews and boundaries
- Compliance with all restrictions ordered by the court
- Mandatory programs:
- Anger management classes
- Counseling or rehabilitation
- May be mandatory as part of probation or a plea agreement
- Criminal record impact:
- Permanent records affect employment and housing opportunities
- Conviction will result in a criminal record, ultimately impacting background checks
- May have immigration consequences for visa-holders and non-citizens
Can Assault Charges Be Reduced or Dismissed in Bergen County?
If you are facing assault charges, you may wonder if it’s possible for these to be reduced or completely dismissed. In some cases, this is possible, though it is heavily dependent on the evidence available and the cooperation of the parties involved.
Situations Where Charges May Be Reduced or Dismissed
- Victim cooperation changes:
- Some alleged victims may request dismissal
- Prosecutors ultimately make the final charging decisions; however, they will consider victim’s input
- Successful program completion:
- Demonstrated rehabilitation can influence the outcome of programs
- In some instances, charges may be dismissed after completion of an anger management or other counseling program
- Negotiated plea agreement:
- May reduce charges from aggravated to simple
- Can result in alternative sentencing options instead of jail time
- Weak or insufficient evidence:
- The prosecution may lack proof that shows you are guilty beyond a reasonable doubt
- Conflicting witness statements cast doubt on your guilt
What Is the No Early Release Act?
Note that individuals who have been convicted of violent crimes in New Jersey are typically subject to the state’s No Early Release Act (NERA). Under this law, those who have been convicted of certain violent crimes are required to serve at least 85 percent of their time before they are qualified to request parole. Aggravated assault is a qualifying conviction.
Contact Our Bergen County Defense Firm Today
If you are encountering this situation, do not hesitate to reach out to our firm today and retain the services of an experienced New Jersey criminal defense attorney who can fight on your behalf. Our North Jersey legal team understands that your life is on the line, and we will do everything we can to protect you and your future. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think and how to best approach each aspect of the case. Connect with us today to learn more about how we can assist you.