Charged with Assault in Readington New Jersey
Need a Lawyer for an Assault Charged in Readington?
Assault charges are still one of the most common criminal offenses issued in New Jersey, especially those that are classified as domestic violence (i.e. involving loved ones). Arguments are going to happen, that is just a part of life and eventually some of those arguments are going to turn physical and at the end of the day, more likely than not, someone is going to be arrested for the incident, especially if it involves loved ones. New Jersey as whole, including Readington Township take assault allegations very seriously. Over the years law enforcement has taken in essence what amounts to a zero tolerance policy when it comes to domestic disputes. If law enforcement is called to the scene and an allegation is made that a loved one struck another, that individual will almost certainly be arrested. Now thanks to bail reform, that individual will most likely spend at least 24-48 hours in the county jail. If you or a loved one has been taken into custody and charged with assault in Readington township, we strongly urge that you speak to an experienced criminal defense attorney as soon as possible about your options. As you will see below, when it comes to assault charges, the criminal justice can become very complex in a hurry. Understanding your options is absolutely crucial when it comes to mounting a successful defense.
Charged with Assault and Taken to Jail in Readington Township?
Assault charges in New Jersey cane considered either a disorderly persons offense (misdemeanor) or an indictable offense (felony) but regardless of the degree, the potential penalties can have a devastating impact on your life moving forward. Most simple assault charges (disorderly persons offense) on there face will be issued on what they call a Complaint-Summons. That means that the individual will more likely than not, not be subject to bail reform. Conversely, most aggravated assault charges (felony) and incidents that are classified as an act of domestic violence, will more likely than not have be issued on what is known as a Complaint-Warrant, which means that they will be subject to bail reform.
If that is the case, the individual will be required to be taken to the county jail for at least 24 hours so that Pretrial Service can conduct a Public Safety Assessment. This assessment will be used by the Hunterdon County Prosecutor’s Office to determine whether or not they will seek to convince a judge that the individual should be detained in the county jail, without bail, pending trial as opposed to being released on pretrial monitoring. If the prosecutor office seeks to detain the individual in the county jail pretrial, they must file a formal detention motion and then it will be up the judge to decide whether or not the individual should be released. Even if the individual is released they still could be forbidden from contacting the victim, returning to their home and have to surrender any weapons that they may possess. And remember, all of this could take place simple to determine whether or not the individual will be detained in the county jail without bail. This has nothing to do with the underlying charges.
Facing a Simple Assault Charge in the Readington Municipal Court?
Simple assault is the lowest level assault charge in New Jersey. With that being said, the potential penalties can still have a crippling effect on the individual’s life moving forward. Unlike aggravated assault charges, all simple assault charges will be litigated in the Readington Municipal Court. As stated earlier, simple assault is a disorderly persons offense. If convicted, the individual will be facing up to six months in the county jail, a fine up to $1,000, fees and assessment nearing $350, probation, community service, anger management and even batters intervention counseling. For more information on simple assault charges including potential defense, please click the link.
Charged with Aggravated Assault in Readington?
Unlike simple assault, all aggravated assault charges will be considered indictable offenses (felony). Therefore, all aggravated assault charges must be transferred from the Readington Municipal Court to the Hunterdon County Superior Court for disposition. Aggravated assault charges are in essence broken down into separate degrees, second and third degree charges. What separates the two degrees in the type of injury caused or attempted to be caused by the individual’s actions (i.e. significant bodily injury and serious bodily injury). Although the difference may seem minor, the potential ramifications of the two are significantly different. Anyone convicted of a third degree aggravated assault charge will be facing anywhere from three to five years in a State Prison. Whereby anyone convicted of a second degree aggravated assault charge will be facing anywhere from five to ten years in a State Prison and that time would be subject to the No Early Release Act (NERA) which requires an individual to do 85% of their sentence before they can become eligible for parole. For more information on aggravated assault charges in New Jersey, including what is classified as serious and significant bodily injury, please click the link.
Served with a Temporary Restraining Order in Readington Township?
In addition to the potential criminal implications of an assault charge, if the incident is classified as an “act of domestic violence” the individual may also be served with a temporary restraining order (TRO). This is a separate proceeding from the criminal charges and they too also carry rather unforgiving consequences if a Final Restraining Order is imposed. These types of cases will be heard in the Chancery Division of the Family Court in Hunterdon County. In order for a TRO to become a final order of protection a final restraining order hearing must be conducted. For more information on restraining orders in Hunterdon County, including the potential ramifications and defenses, please click the link.
Need Local Lawyer Near Readington for Assault Charge?
As you can see from reading above, assault charges are not something to take lightly in New Jersey. If you have unfortunately been charged with simple assault, aggravated assault, assault with a deadly weapon or assault on a police officer in Readington Township we strongly urge that you speak to a lawyer as soon as possible about your options. If you would like to set up a free initial consultation today with one of the criminal defense attorneys at Proetta, Oliver & Fay then please contact us directly at 908.533.1064 or you can try contacting us online. One of our Hunterdon County Criminal Defense Attorneys would be glad to go over the specifics and formulate a game plan that works best to suit your needs.