Assault Attorney in Freehold
If you are facing assault charges in Freehold, New Jersey, you are likely feeling overwhelmed by these life-changing charges. Whether your accusations involve aggravated assault, simple assault, or domestic violence, a conviction can lead to fines, incarceration, and a permanent criminal record. A Freehold assault lawyer from Michael Rosas Law PC can help you develop a robust legal defense strategy to fight back against your charges.
At Michael Rosas Law PC, our legal team understands the gravity of assault charges and the far-reaching impact they can have on someone’s life. Therefore, we are here to help you collect crucial evidence to support your case, call into question the prosecution’s argument, and leverage other innovative legal tactics to get your charges or sentencing minimized – or even dropped.
New Jersey Attorney Advocates
For The Criminally Accused
Understanding Assault Charges in New Jersey (N.J.S.A. 2C:12-1)
According to the most recent crime data from the FBI, there were 18 cases of assaults at a rate of 1.45 per 1000 people reported in Freehold in 2023. This is significantly lower than the rate of 2.64 assaults per 1000 people that occurred in the nation.
Law enforcement and prosecutors in Monmouth County take these types of offenses extremely seriously. Under New Jersey law, assault is split into two major categories, which are:
- Simple Assault (N.J.S.A. 2C:12-1(a))Simple assault cases are generally handled in Freehold Borough Municipal Court, as it is considered to be a misdemeanor offense. Someone could be charged with simple assault if they:
- Attempt to cause or cause bodily harm to another individual through recklessness, negligence, or on purpose
- Threaten another individual with bodily harm in a manner that causes reasonable fear
- Negligently use a weapon and cause bodily injury as a result
Penalties for simple assault include up to six months in county jail, a maximum fine of $1,000, and the potential for probation or restraining orders.
- Aggravated Assault (N.J.S.A. 2C:12-1(b))Aggravated assault is a felony offense, which is more serious than simple assault. These cases are often prosecuted in the Monmouth County Courthouse for residents of Freehold. Aggravated assault includes the following elements:
- Using a deadly weapon to cause harm to someone else
- Seriously injuring another individual, assaulting a public servant, emergency personnel, or law enforcement officer
- Carrying out reckless conduct that leads to severe bodily harm
The penalties associated with aggravated assault charges vary depending on the nature and severity of the case. For example, while fourth-degree aggravated assault charges can lead to up to 18 months in prison, second-degree assault charges can receive up to ten years of prison time, with a mandatory minimum sentence under New Jersey’s No Early Release Act (NERA).
Defenses Against Assault Charges
A dedicated Freehold assault defense lawyer can help you smoothly navigate through the complex legal system, working to help you achieve an optimal case outcome. When fighting against your New Jersey assault charges, they can help you leverage crucial legal defenses, such as:
- Defense of others. If you were acting to protect another person from being harmed, this could be a sound legal defense.
- Self-defense. If you caused harm as a result of defending yourself from an impending attack, this could be used to justify your actions.
- False accusations. Sometimes, assault charges could be based on false accusations. Your attorney can call into question the credibility of the accuser.
- Lack of intent. If the event in question was purely an accident and did not come with criminal intent, it could be a possibility to get your charges dismissed.
A skilled criminal defense attorney from our firm can go over all the details of your case, including statements from witnesses, reports from law enforcement, and any surveillance footage, to build up a robust argument on your behalf.
FAQs:
A: The penalties for assault in Freehold, New Jersey, are dependent on various factors, such as the nature and severity of the incident, whether the defendant has a criminal record, and mitigating factors. A simple assault crime could be punished by up to six months of jail time and a fine of $1,000. Aggravated assault crime penalties can range from 18 months to 10 years of prison time, depending on the degree of the offense in question.
A: The location of where your Freehold, New Jersey assault case may be heard is dependent on the nature of the charges against you. If you are facing charges for simple assault, your case may be heard in Freehold Borough Municipal Court. On the other hand, if your charges are more severe, such as aggravated assault or felony cases, they will likely be handled in Monmouth County Superior Court in Freehold, New Jersey.
A: If you have been arrested for assault in New Jersey, it is important to keep calm and not talk about your case with law enforcement. Even in cases where people know they are innocent, they may try to explain what happened, thinking they can clear their name – when what they say is then ultimately used against them. Therefore, before you undergo any questioning, you should make sure that your attorney is present.
You should also avoid having any contact with the alleged victim of the crime.
A: A Freehold assault lawyer can provide you with crucial representation during your case by examining the evidence against you and challenging it in court, negotiating fiercely to get your charges reduced or even dismissed, and advocating for you in the courtroom, ensuring that your rights and interests are safeguarded. They can leverage key defense tactics, such as arguing self-defense or false accusations, to clear your name and protect your reputation in the future.
Contact a Freehold Assault Lawyer Today
Whether you are dealing with simple assault or felony assault charges in Freehold, New Jersey, it is crucial to seek sound legal representation right away. A dedicated Freehold assault lawyer from Michael Rosas Law PC can help you mount a robust defense strategy, working to minimize your charges and penalties. Contact us today to get started exploring your legal options and developing a strong defense.
Fighting for the Rights of the
Accused in New Jersey