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Assault

Fight Your Domestic Violence Assault Case with the Help of an Experienced New Jersey Criminal Lawyer

Assault is one of several crimes that can be prosecuted as a crime of domestic violence in New Jersey. When prosecuted as a domestic violence offense, assault carries enhanced penalties, and you can face a domestic violence restraining order before your criminal case goes to trial. As a result, it is important that you speak with a New Jersey defense attorney as soon as possible.

We represent individuals charged with all forms of domestic violence in New Jersey. If you have been accused of assaulting your spouse, partner or any other “protected person” under New Jersey’s Prevention of Domestic Violence Act (PDVA), we can use our experience to protect you. We handle domestic violence assault cases statewide, and we have a long track record of providing successful legal representation.

Are You Facing a Domestic Violence Assault Charge in New Jersey?

Along with the risk of enhanced penalties, the only major difference between domestic violence assault and a “normal” assault charge in New Jersey is that domestic violence cases involve alleged victims who are protected under the PDVA. Thus, when facing a domestic violence assault charge, you still need to focus your defense on the language of New Jersey’s assault statute, Section 2C:12-1 of the Code of Criminal Justice.

There are two forms of assault under Section 2C:12-1: simple assault and aggravated assault. Simple assault involves either:

• Purposely, knowingly or recklessly causes bodily injury to another; or,
• Negligently causes bodily injury to another with a deadly weapon.

In contrast, aggravated assault can involve any of the following:

• Purposely or knowingly causing serious bodily injury;
• Purposely or knowingly causing bodily injury to another with a deadly weapon;
• Recklessly causing serious bodily injury under circumstances manifesting extreme indifference to the value of human life; or,
• Recklessly causes bodily injury to another with a deadly weapon.

Simple assault is classified as a disorderly persons offense in New Jersey. This means that it carries up to six months in jail and a $1,000 fine. Depending on the circumstances, aggravated assault can be classified as either a fourth, third, or second-degree indictable crime and can carry anywhere from 18 months in prison and a $10,000 fine to 10 years in prison and a $150,000 fine. Significantly, jail time may be more likely upon conviction of a domestic violence assault rather than a non-domestic violence assault.  

In addition to fines and jail time, assault allegations in domestic violence cases can also lead to the imposition of a domestic violence restraining order. As noted above, New Jersey judges can impose restraining orders before defendants’ assault cases go to trial. If you receive a restraining order, you may be prohibited from doing things including (but not limited to):

• Entering your home if you live with the alleged victim
• Visiting the alleged victim’s school, work or home
• Spending time with your children
• Possessing firearms or other weapons
• Stalking, threatening or engaging in other conduct targeting the alleged victim

Speak with a New Jersey Defense Attorney at Helmer, Conley & Kasselman, P.A.

If you need legal representation for a domestic violence assault case in New Jersey, we encourage you to contact us for a confidential consultation. Call 877-435-6371 or get in touch online to speak with a New Jersey defense attorney as soon as possible.