Newark Assault Defense Attorney

Man assaulting with a gun in NewarkIf convicted on assault charges in Newark, you could face jail time, heavy fines, and a permanent criminal record. Whether you are facing simple assault or aggravated assault charges, the stakes are high, and the legal system can be complex. But you don’t have to face the charges alone.

At William Proetta Criminal Law, we understand what you’re up against. Our experienced Newark assault defense attorneys have successfully defended many clients in similar situations and secured reduced charges, dismissals, and favorable plea deals. We have a deep understanding of New Jersey’s assault laws and take a strategic approach to defense, which helps us fight to protect your rights and your future.

Contact us today or call us 24/7 at (201) 740-5804 for a free consultation about your best legal options for fighting the assault charges against you. We have an office conveniently located at 242 10th Street, Suite 103, Jersey City, NJ. Visit us!

Why You Need Help from Our Newark Assault Charge Defense Lawyers

When you’re facing assault charges, you need skilled legal representation. Our law firm stands ready to fight to protect your rights and minimize the penalties. Whether through case dismissals, reduced charges, or favorable plea deals, we use our extensive knowledge of New Jersey assault laws to protect your rights and future. While public defenders are knowledgeable, they don’t have the same time to devote to creating a unique defense for each client.

Our team takes a personalized approach to every case, tailoring our defense strategy to the specifics of your situation. We can navigate the court system, work with local authorities, and build a strong defense on your behalf. We’re committed to aggressive advocacy and approach each case as if we’re going to trial.

Check out our track record of results for past clients dealing with assault charges in New Jersey.

Can a Simple Assault Charge Be Dropped in NJ?

Simple assault charges can be dropped under certain circumstances.

For example:

  • Lack of evidence – The case may be dismissed if the prosecution cannot provide enough proof to support the charges. For instance, if the alleged victim’s testimony is inconsistent or there is no physical evidence, the case may be too weak to move forward.
  • Mistaken identity – If you were not involved in the assault, the charges may be dismissed – especially if there was confusion regarding the attacker’s identity.
  • Lack of probable cause – Law enforcement officers need to show probable cause to make an arrest, meaning they had sufficient reason to believe a crime had been committed and you were the person who did it. If they cannot show this, the charges may be dropped.
  • Self-defense – If you can show that you acted in self-defense to protect yourself from harm, the charge could be dropped. This defense often requires evidence like witness testimony or surveillance footage that supports your version of events.

Furthermore, pretrial intervention (PTI) may offer another chance to avoid conviction. PTI is a diversionary program that allows first-time offenders to complete certain requirements, like counseling or community service, in exchange for case dismissal.

What Are the Potential Punishments for Assault Convictions in NJ?

The penalties for simple assault and aggravated assault are described in N.J.S.A. 2C:12-1. Punishments vary depending on the severity of the assault and the surrounding circumstances.

Simple assault includes:

  • Attempting to cause bodily injury or purposely, knowingly, or recklessly causing bodily injury to another
  • Negligently causing bodily injury to another using a deadly weapon
  • Attempting to put another in fear of imminent serious bodily injury through “physical menace”

Simple assault is typically classified as a disorderly persons offense, which can result in up to 6 months in jail and a fine of up to $1,000. If the assault occurs in a mutual fight or scuffle, it may be considered a petty disorderly persons offense, punishable by up to 30 days in jail and a fine of up to $500.

Aggravated assault is a more severe form of assault. Aggravated assault involves intentionally or recklessly causing significant harm or creating a higher risk of injury.

For example:

  • Attempting or purposely causing serious bodily injury to another or recklessly causing serious bodily injury under circumstances showing extreme indifference to human life
  • Causing bodily injury with a deadly weapon
  • Pointing a firearm at someone

Aggravated assault can be crimes of the second, third, or fourth degree. These are considered indictable offenses (felonies).

Punishments include:

  • Second-degree aggravated assault – If the assault results in serious bodily injury (for example, paralysis or permanent disability), it is classified as a crime of the second degree. Second-degree assault is punishable by 5 to 10 years in prison and a fine of up to $150,000.
  • Third-degree aggravated assault – If the assault involves a deadly weapon or occurs under reckless circumstances, it is a crime of the third degree. Third-degree assault convictions result in 3 to 5 years in prison and a fine of up to $15,000.
  • Fourth-degree aggravated assault – Assault with less severe circumstances, such as recklessly causing injury, is a crime of the fourth degree. Conviction on a fourth-degree assault charge is punishable by up to 18 months in prison and a fine of up to $10,000.

Prior convictions can significantly affect sentencing for assault. If you have prior criminal offenses, including prior assault convictions, that can lead to enhanced penalties. If there are aggravating factors, such as a history of violent offenses or committing assault against certain protected individuals (for example, law enforcement officers, school employees, or emergency responders), you may receive harsher penalties.

For certain aggravated assault charges, such as assaulting a law enforcement officer, you may face a mandatory sentence that can’t be reduced – especially if the assault results in serious bodily injury.

Finally, if you are convicted of a third-degree aggravated assault, such as assaulting a law enforcement officer, you might be ineligible for programs like supervisory treatment.

How Our Newark Assault Lawyers Can Help Your Case

With so much at stake, you need a skilled assault defense attorney on your side. The experienced Newark assault lawyers at William Proetta Criminal Law are dedicated to defending your rights and building a strong case. We create personalized strategies to challenge the prosecution’s evidence, whether you’ve been charged with simple or aggravated assault.

We’re ready to thoroughly investigate every detail of the charges against you to identify weaknesses in the prosecution’s argument. Skilled negotiation is key in many assault cases. Our criminal defense attorneys can work to reduce charges or have them dismissed altogether.

Contact an Experienced Newark Assault Lawyer Today

Don’t wait to hire a Newark criminal defense lawyer, as early legal intervention is the key to minimizing penalties and case dismissal. Instead, call William Proetta Criminal Law or contact us online now for a free consultation. We’re available 24/7 at (201) 740-5804, so you always have access to skilled legal representation.