Somerset County NJ Domestic Violence Assault Defense Attorney
Domestic disputes are going to happen between loved ones but when they get physical, things can get out of control quickly. Not only could an individual be charged with simple assault or even aggravated assault for that matter but they could also be served with a temporary restraining order as well. So not only could someone be facing jail time on an assault charge but they could also be scarred with a permanent restraining order. If you have been accused of assaulting a loved one or served with a restraining order in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. Based on the new bail reforms, anyone charged with an act of domestic violence, will most likely end up being detained in the Somerset County Jail for 48 hours until pretrial services can conduct their investigation. However, if the charges are egregious enough, the prosecutor’s office may seek to detain the individual in the county jail, without bail, pending a Detention Hearing. If that is to occur, it is crucial that you speak to an attorney as soon as possible in order to contest the hearing. If you would like to speak to one of our Somerset County criminal lawyers today about your options, then please contact us at 908.533.1064.
Charged with an Act of Domestic Violence in New Jersey?
At Proetta & Oliver we fully comprehend the stress and anxiety that most feel when they have been charged with an act of domestic violence. Not knowing who to trust or where to turn can be extremely overwhelming. That is why at our firm, we try to make this process as stress less as possible. Mr. Oliver, one of the firms founding partners personally handles all domestic violence matters, including assault cases, that arise out of Somerset and Hunterdon County. At our firm, your case will not be juggled between several different associates who are simply free to cover that case that particular day. We believe that every case, regardless of whether it is a traffic offense, a simple assault or a homicide deserve the continuity of having one attorney assigned to their case. If you would like to set up a consultation today with Mr. Oliver then please feel free to contact our Bridgewater Office at 908.533.1064. We appear in courts throughout Somerset and Hunterdon County, including in courts in towns like Hillsborough, Clinton, Raritan, Readington, Bound Brook, Franklin, Somerville, Flemington, Green Brook, North Plainfield and Watchung.
Bound Brook NJ Domestic Violence Assault Defense Attorney
Although the legal theory and the controlling statute does not change between an alleged assault or an alleged domestic violence assault, the prosecution tends to take these cases more seriously. Anyone charged with an act of domestic violence and the underlying charge is assault, it can either be considered a simple assault or an aggravate assault. The type of injury caused or attempted to be caused will determine whether the individual is facing a simple or aggravated assault. All simple assault charges are considered disorderly persons offenses, which is New Jersey’s version of a misdemeanor. All simple assault domestic violence charges will be litigated in the local municipal court in the municipality where the incident happened. All aggravated assault charges are considered indictable offenses, which is New Jersey’s version of a felony offense. All aggravated assault charges, regardless of whether it happened in Bridgewater or Bound Brook or elsewhere in Somerset County, the charges will be transferred to the Somerset County Superior Court in Somerville for disposition.
Difference between Simple Assault and Aggravated Assault
By far the most common simple assault charge we see at Proetta & Oliver is a violation of NJSA 2C:12-1a(1). In order for an individual to be convicted of this offense, the prosecution must prove that Defendant purposely, knowingly or recklessly caused or attempted to cause bodily injury to the victim in question. Pursuant to NJSA 2C:11-1(a), bodily injury has been defined as physical pain, illness or any impairment of physical condition. According to State v. Harris, offensive touching will not suffice to support a simple assault charge, the victim must suffer some form of an injury whether it be actual, threatened or attempted. For more information on how to defend a simple assault charge, please click the link.
In comparison, the most common aggravated assault offenses that we tend to see are either considered second or third degree charges. Again, the degree of the injury caused or attempted to be caused will dictate the degree. If the victim suffers what is known as serious bodily injury, the individual will be charged with a crime of the second degree. Serious bodily injury is bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. This is the highest level of assault in New Jersey. The other common aggravated assault charge we see is a third degree charge, which requires the state to prove significant bodily. Significant bodily injury has been defined as bodily injury that creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses. Common injuries we see on third degree aggravated assault charges include broken bones, significant bruising and stitches. For more information on assault charges in New Jersey and how to defend assault offenses, please click the link.
Can I be Served with a Restraining Order for an Assault Charge in New Jersey
If you have been charged with an assault crime and it is considered an act of domestic, the victim will have the ability to file for a temporary restraining order as well. This will be in addition to the criminal charges. All restraining order hearings will be conduct in the Chancery Court, Family Division of the Somerset County Superior Courthouse. Although temporary restraining orders are technically civil in nature, the ramifications if one is to become a final restraining order, the consequences can be worse than the underlying criminal charges. For more information on how to defend a temporary restraining order in New Jersey, please click the link or you can contact our Bridgewater office at 908.533.1064.
Bridgewater NJ Domestic Violence Lawyer
The Law Offices of Proetta & Oliver defends those accused of acts of domestic violence, including assault, terroristic threats, harassment, stalking, sexual assault and false imprisonment charges in courts throughout Somerset and Hunterdon County. We also defend those served with a temporary restraining order as well. These two types of cases have a significant overlap and that is why we strongly recommend that you consult with an attorney who had the ability to handle both type so matters. Mr. Oliver, one of the firms founding partners personally handles all domestic violence matters that arise our of Somerset and Hunterdon County. If you would like to sit down with Mr. Oliver and have a free initial consultation, then please contact our office at 908.533.1064 or email us. These are very serious matters and should not be taken lightly, so if you have any questions at all, please do not hesitate to contact us.