Hamilton Township has three categories of assault charges that can be levied against individuals. Defendants can be charged with simple assault, aggravated assault, or assault by a vehicle.
If a person is charged with assault, they can face severe punishment such as imprisonment. It can be incredibly beneficial for those accused to seek guidance from our knowledgeable legal team. Our attorneys strive to protect the rights and interests of defendants throughout the legal process. Without a proper defense, the consequences you face for your charges could be much worse.
Call the Lombardo Law Group, LLC today at (609) 445-4300 for a free assessment of your case with our assault defense attorneys.
How Assault Is Defined in Hamilton Township, NJ
There are three forms of assault that defendants in Hamilton Township can face. The type of assault that is charged will depend on the severity of the circumstances and whether any weapons were involved. Fortunately, our assault defense attorneys can help you prepare your defense and ensure your rights are protected. The following are the types of assault that an individual can be charged with in Hamilton Township.
Simple Assault
Under N.J.S.A. § 2C:12-1(a), engaging in certain behaviors can result in criminal charges for “simple assault.” In particular, any touch that is inappropriate or without justification could be classified as simple assault. An instance of this could be forcibly striking or touching another person. Additionally, even making a threat to strike someone can also lead to a charge of simple assault.
Aggravated Assault
It is also possible to be charged with “aggravated assault” under N.J.S.A. § 2C:12-1(b) for engaging in several types of dangerous behavior. Typically, individuals facing this charge have caused serious harm or used a deadly weapon with the intention of harming someone else. However, there are options available for defendants to have their charges reduced from aggravated assault to simple assault. To explore this possibility, contact our team of experienced assault defense lawyers.
Hamilton Township considers aggravated assault to be the most serious form of assault. There are various behaviors that can lead to an accusation of aggravated assault. Some of these actions include pointing a firearm at someone, committing simple assault against a public employee, police officer, or disabled person, assaulting someone with the purpose of committing theft, or displaying behavior that shows extreme disregard for human life. If you are found guilty of aggravated assault, you could face severe consequences that can have long-term effects.
Vehicular Assault
Defendants can also face charges of vehicular assault, as outlined in N.J.S.A. § 2C:12-1(c). This charge can be levied against individuals who cause harm to others due to their reckless operation of automobiles or watercraft. Those who are convicted of vehicular assault might receive hefty fines and imprisonment. Enlisting the aid of our assault defense lawyers can prove invaluable when contesting vehicular assault charges in your case.
Potential Consequences for Assault in Hamilton Township, NJ
Assault can either be simple or aggravated, with the latter being more serious and therefore punished more severely. Simple assault is usually classified as a disorderly persons offense, similar to a misdemeanor in other states. Punishments for this type of offense usually do not exceed six months imprisonment. In cases where the assault was a result of a mutual fight, the charges could be reduced to a petty disorderly persons offense, punishable by no more than 30 days in jail.
On the other hand, aggravated assault charges are considered crimes equivalent to felonies in other jurisdictions. The severity of the charges varies depending on the nature of the offense, with fourth, third, or second-degree crimes being possible. For a fourth-degree aggravated assault, the maximum prison term is 18 months. A third-degree crime might result in imprisonment for at least three years but no more than five. For a second-degree crime, the minimum prison sentence is five years, with a maximum of 10.
How Our Attorneys Can Defend Your Assault Case in Hamilton Township, NJ
If you have been charged with assault, our firm can assist you with various techniques to defend yourself. These strategies might involve requesting to eliminate any evidence that is being used against you or arguing that the components of an assault charge have not been met. Nevertheless, assault cases can be intricate due to the fact that the incidents are not always straightforward. A supposed attacker might have a legitimate defense for their actions in certain situations.
Presenting Defenses
In cases of assault, self-defense is often the most commonly used defense. Law enforcement officials might not have all the necessary information at the time of arrest and might not realize that the accused was acting in self-defense. It is important to demonstrate that the person believed they had to use force to protect themselves and that the amount of force used was reasonable given the circumstances.
However, it is crucial to remember that the force used in self-defense should be equal to the force being used against you. Additionally, once the threat has been neutralized, it is not legal to continue using force against the other party. Doing so would be considered another assault and not an act of self-defense.
Another possible defense for assault charges is the defense of property. This defense can be applied in cases where homeowners use force to protect their homes from being invaded.
Mutual fighting is another common defense against assault charges. If both parties willingly engaged in a fight, it might not be fair to charge one person with assault. In such cases, the assault charge might be reduced if it can be shown that the incident occurred during a mutual fight.
In some rare cases, an individual might have committed assault while defending someone else, such as a spouse or friend. If it can be demonstrated that the actions were necessary to defend the other person, this could be considered a valid defense. If the assault occurred while defending property from a home invader, the accused might not be charged at all.
Negotiating a Plea Bargain
If the evidence against you presented by the prosecution is strong, you might be contemplating the option of a plea bargain to reduce your charges. It is always recommended to seek legal advice before agreeing to a plea bargain, but sometimes it can be the best opportunity to avoid serving a long term in jail. A plea bargain is an agreement between the prosecutor and the defendant, where the former reduces the charges against the latter in exchange for a guilty plea, thus eliminating the need for a trial. Most prosecutors are responsible for numerous cases and are usually open to negotiations, particularly if the evidence against you is insufficient.
Our Hamilton Township, NJ Assault Defense Lawyers Can Help
For a free case evaluation with our assault defense lawyers, contact the Lombardo Law Group, LLC at (609) 445-4300.
