Facing Assault Charges in Summit, New Jersey? Protect Your Future with Experienced Legal Defense
Assault Charges Attorney Summit, NJ
An assault charge can turn your life upside down, leading to serious penalties, a damaged reputation, and a permanent criminal record. Whether you’ve been falsely accused or acted in self-defense, Brett M. Rosen, Esq. is here to provide aggressive, knowledgeable representation against all types of assault charges in Summit, NJ. If you or a loved one is facing assault charges in Summit, NJ then Brett M. Rosen is an exceptional choice for your defense because:
- Experience: As a seasoned lawyer licensed in both New York and New Jersey, Rosen specializes in criminal and civil litigation.
- Client Satisfaction: His clients praise his professionalism and effectiveness, describing him as “the example of a true winner” and “one of NJ’s finest attorneys”.
- Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys.
- High-Profile Cases: He has successfully handled high-profile cases, including representing a celebrity in a domestic violence case and a Grammy-Award-winning artist in drug cases.
- Recognition: Brett M. Rosen has been recognized as a Rising Star by Super Lawyers.
For vigorous defense and unwavering advocacy, consider reaching out to Brett M. Rosen. Protect your rights and secure the best possible outcome for your case! 908-312-0368 & brett@nynjcriminalcivilesq.com
Why Choose Brett M. Rosen for Your Simple Assault Defense?
- Local Expertise: We understand the nuances of Summit’s municipal court procedures and New Jersey’s assault laws.
- Proven Track Record: Our firm has successfully defended numerous clients facing assault charges, often resulting in reduced charges, dismissed cases, or acquittals.
- Dedicated Advocacy: We are committed to protecting your rights and fighting for the best possible outcome.
- Compassionate Counsel: We understand the stress and anxiety associated with criminal charges and provide personalized attention and support throughout the legal process.
Understanding Assault Charges in Summit, New Jersey
New Jersey law defines several types of assault, each carrying different penalties:
- Simple Assault: This involves attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another person.
- Aggravated Assault: This is a more serious offense involving severe bodily injury, the use of a deadly weapon, or assault against a protected class of individuals (e.g., law enforcement officers, children).
- Domestic Violence Assault: This refers to assault that occurs within a family or household relationship.
Potential Consequences of Assault Convictions
An assault conviction can lead to:
- Jail Time: Sentences can range from months to years depending on the severity of the assault.
- Fines: Financial penalties can be substantial.
- Probation: This may involve restrictions, counseling, or community service.
- Restraining Orders: In domestic violence cases, restraining orders may be issued.
- Criminal Record: A conviction can limit employment, housing, and educational opportunities.
Penalties Chart for Assault Charges
| Assault Charge | Degree of Crime | Potential Penalties | Notes |
| Simple Assault | Disorderly Persons Offense | Up to 6 months in jail, fines up to $1,000, community service, anger management counseling, probation | The most common type of assault charge. Penalties may increase if the victim is a minor, elderly, or disabled. |
| Aggravated Assault | Varies (Third or Second Degree) | Third Degree: 3-5 years in prison, fines up to $15,000 Second Degree: 5-10 years in prison, fines up to $150,000 | The degree depends on the severity of injury and whether a weapon was used. Aggravated assault against a law enforcement officer or a child can lead to enhanced penalties. |
| Assault by Auto | Varies (Fourth Degree or higher) | Fourth Degree: Up to 18 months in prison, fines up to $10,000 Higher degrees with increased penalties for serious bodily injury or recklessness | Causing bodily injury while operating a vehicle recklessly. If the injury results in death, it may be charged as vehicular homicide. |
| Domestic Violence Assault | Varies (Disorderly Persons Offense to Second Degree) | Penalties can range from restraining orders and mandatory counseling to jail time and fines depending on the severity of the assault and prior offenses. | Additional penalties may apply, such as loss of custody or visitation rights, weapons forfeiture, and mandatory batterers’ intervention programs. |
| Terroristic Threats | Third Degree | Up to 5 years in prison, fines up to $15,000 | Threatening to commit a crime of violence with the purpose to terrorize another or cause the evacuation of a building. |
| Endangering the Welfare of a Child | Varies (Third or Second Degree) | Third Degree: 3-5 years in prison, fines up to $15,000 Second Degree: 5-10 years in prison, fines up to $150,000 | Causing harm or risk of harm to a child’s physical, mental, or moral welfare. This includes acts of abuse or neglect. |
Disclaimer: This spreadsheet is intended for informational purposes only and should not be taken as legal advice. Consult with an attorney like Brett M. Rosen, Esq. for specific guidance on your case.
Defenses Against Assault Charges in Summit, NJ
Assault charges in New Jersey, even in a municipality like Summit, are serious and can lead to significant penalties. If you’re facing an assault charge, it’s crucial to have an experienced attorney like Brett M. Rosen, Esq. on your side to explore all possible defenses. Here are some common defenses that might be applicable to your case:
- Self-Defense: If you used reasonable force to protect yourself or another person from imminent harm.
- Reasonable Belief of Harm: You can use force to defend yourself if you reasonably believed you were in imminent danger of bodily harm. This belief must be based on the circumstances as they appeared to you at the time.
- Proportionate Force: The force you used must have been proportionate to the threat you faced. You cannot use excessive force in self-defense.
- Duty to Retreat: New Jersey generally has a “duty to retreat” before using deadly force, meaning you must try to avoid the confrontation if possible. However, there are exceptions to this duty, such as when you are in your own home.
- Defense of Others: If you were defending someone else from an attack.
- Protecting Another Person: Similar to self-defense, you can use force to protect another person if you reasonably believed they were in imminent danger of bodily harm.
- Reasonable Force: The force used must be proportionate to the threat faced by the other person.
- Lack of Intent: The prosecution must prove you intended to cause harm. If the injury was accidental or unintentional, this can be a defense.
- Consent: If the alleged victim consented to the physical contact.
- Mutual Combat: If you and the other person engaged in a mutually agreed-upon fight, it could be a defense to simple assault charges. However, this defense is not available for more serious assault charges.
- Sports or Recreational Activities: Injuries that occur during consensual sports or recreational activities are generally not considered assault, unless the conduct goes beyond the normal scope of the activity.
- False Accusations: If the charges are fabricated or motivated by revenge or malice.
- Lack of Evidence: If the prosecution lacks sufficient evidence to prove the elements of the assault.
- Witness Credibility: If the prosecution’s case relies heavily on witness testimony, your attorney can challenge the credibility of those witnesses.
- Conflicting Accounts: If there are conflicting accounts of what happened, it could create reasonable doubt.
Frequently Asked Questions (FAQs)
- What should I do if I’m arrested for assault?
- Remain silent, ask for a lawyer, and do not speak to the police without legal representation.
- Can I be convicted of assault even if the other person wasn’t seriously injured?
- Yes, even minor injuries can lead to an assault conviction.
- What is the difference between simple assault and aggravated assault?
- Aggravated assault involves more serious injuries, the use of a weapon, or assault against a protected class of individuals.
- Can I be charged with assault if I only threatened someone?
- Yes, threatening physical harm can be considered assault under certain circumstances.
- Will an assault charge show up on a background check?
- Yes, assault convictions will appear on background checks, potentially affecting employment and housing opportunities.
Additional FAQs
- Can I be charged with assault even if I didn’t physically hurt anyone?
- Yes, you can be charged with assault even if there was no physical contact. Threats of violence or actions that cause someone to fear immediate harm can constitute assault.
- Where do assault cases in Summit get handled?
- Assault cases in Summit are typically handled by the Summit Municipal Court for less serious offenses, or the Union County Superior Court for more serious offenses like aggravated assault.
- Are there any alternative programs for first-time offenders in Summit?
- The Summit Municipal Prosecutor may offer conditional discharge. If it is in Superior Court, then Pre-Trial Intervention (PTI) or other diversionary programs for eligible first-time offenders, which can lead to dismissal of charges upon successful completion.
- Should I hire a lawyer for an assault charge in Summit?
- It is highly recommended to hire an experienced assault defense attorney. An attorney can protect your rights, investigate the case, negotiate with the prosecutor, and fight to get the best possible outcome.
Don’t Face Simple Assault Charges in Summit, NJ Alone – Get Experienced Legal Help Today
If you’re facing assault charges in Summit, NJ, don’t leave your future to chance. Brett M. Rosen, Esq. is ready to fight for your rights and protect your reputation.
Contact us today at 908-312-0368 & brett@nynjcriminalcivilesq.com for a free, confidential consultation. We’ll discuss your case, answer your questions, and develop a personalized defense strategy tailored to your specific needs.