Skilled and Experienced New Jersey Assault Criminal Defense Attorneys
A few bad choices in the wrong situation can easily devolve into physical violence. In the heat of the moment, we can all make bad decisions. If you’ve been charged with assault, the important thing now is to not compound this mistake with another: failing to seek legal defense. You may not think your NJ assault charge is anything to worry about, but depending on the severity of the charge and several other factors, you could be in more trouble than you realize.
NJ criminal defense lawyer Frank T. Luciano, P.C., has an in-depth understanding of the state’s assault laws and how they will be applied to your case. For almost four decades, Mr. Luciano has fought for the criminal rights of clients throughout NJ, including Hackensack, Paterson and Jersey City. He will inform you of the seriousness of your charges, what potential punishments you could be facing and, most importantly, your best defense strategies to avoid incarceration and fines or to be completely exonerated of all charges.
Difference Between Simple Assault vs. Aggravated Assault
Under normal circumstances, a simple assault is classified as a disorderly persons offense in the state of NJ. If you are a first-time offender, you could be facing a six month jail sentence and a fine of $1,000. A skilled attorney, however, may be able to reduce these charges further, especially in situations where both parties were perpetrators of physical violence.
Simple assault is the least serious type of assault and is characterized by the following conditions:
- A person attempting to cause bodily harm to another person, or a person who recklessly, knowingly or purposefully causes bodily injury to another through physical contact
- An individual negligently causing bodily harm to another individual using a deadly weapon
- A person threatening another person with serious bodily injury or putting them in fear of serious bodily injury through physical menace (for example, pointing a knife or a gun at a person)
There are circumstances, however, in which an assault charge can be aggravated and can even be charged as a second, third or fourth-degree crime. Aggravated assault is much more serious than simple assault. Being found guilty of aggravated assault will lead to incarceration, fines, anger management courses, restitution to the victim and/or the loss of the right to possess a weapon or firearm. You may be charged with aggravated assault if:
- The assault was against a police officer, security guard, first responder, teacher or public official
- The assault was against a family member
- A potentially deadly weapon is involved in the perpetration of the assault
- Serious bodily injury occurred as a result of the assault
Your NJ Assault Defense Attorney is Critical
The application of the law in assault cases is not one-size-fits-all. There are multiple mitigating factors that may influence the severity of your charge and resulting sentence. Factors such as the location of the assault, the status of the victim, any unique circumstances in the incident and any prior convictions will influence your charge and sentence. One of the largest factors will be the skill and experience of your defense attorney. This is an area where you want to make sure that you have the advantage.
Frank T. Luciano, P.C., has built his 35-year legal career and impeccable reputation by helping people accused of simple or aggravated assault reduce their charges and avoid jail time and costly fines. A guilty verdict is a permanent mark on your record and something that may hamper you in your life moving forward. It’s imperative that you seek legal defense immediately to begin preparing for the prosecution. To learn more about your charge, potential sentences and defense strategies, we advise you to contact the law firm of Mr. Luciano right way at 973-471-0004.