It may seem scary at first. Circumstances led you to strike another and you find yourself charged with simple assault. You are now in court facing the penalties for disorderly conduct and concerned about the results. You cannot help but wonder. Is simple assault ever justified?
Jurisdiction
Simple assault is considered a disorderly persons offense. Disorderly conduct cases are heard in municipal court ; they can involve arrests for physical fighting or offensive language and more. You will receive a criminal record for a disorderly conduct conviction. You will also be subject to penalties as assigned by the judge.
Simple Assault
In New Jersey, assault is defined here as hurting someone or attempting to cause them harm. It can also represent negligently causing bodily injury with a deadly weapon or intentionally menacing someone to make them believe they are in imminent danger. There are various factors that distinguish simple assault from aggravated assault, including the degree of injury suffered by the victim.
Exceptions to Simple Assault Charges
If individuals agree to fight each other, the charge is reduced to a petty disorderly persons offense.
Justification for Simple Assault
Simple assault may be justified in certain cases. The use of force may be considered acceptable in matters of self-defense. Of course, this does not include instances related to resisting arrest or service of documents. The individual must feel that their life or safety is threatened.
New Jersey also recognizes that an individual may find it necessary to use force in support of defending others. The law is quite specific on this issue as it states that the person using the force “ must reasonably believe that his or her intervention is necessary for the protection of such other person.” There are other important distinctions regarding use of this defense.
Important to Retain an Attorney
Any type of criminal charge brings the potential for harm. There can be both financial penalties and potential incarceration. Simple assault convictions appear on criminal records searches. Rather than take the risk, it is wise to seek competent legal advice. At the offices of NJ Ticket Attorneys, we have handled simple assault cases for many years. Contact us to find out how we can make your day in court an easier one.
