Assault Archives - New Jersey Criminal Defense Law Blog

New Jersey Court Discusses Criteria for Pre-Trial Intervention in Criminal Matters

Many people who are charged with crimes are law-abiding citizens who find themselves embroiled in unfortunate situations. As such, criminal defendants in New Jersey who meet certain criteria may request pre-trial intervention (PTI), which allows them to avoid the rigors and consequences of a typical criminal trial. Only certain people are eligible for PTI, though, as discussed in a recent New Jersey opinion in a case involving assault. If you are charged with a criminal offense, it is in our best interest to speak to a New Jersey criminal defense attorney as soon as possible to discuss your rights.

The Alleged Assault

It is reported that the defendant became intoxicated and struck another individual in the head with a beer bottle when he was in a bar. The defendant admitted to being intoxicated and intending to cause the victim harm, even though he did not know him. The victim suffered a laceration and required medical attention.

Allegedly, the defendant was charged with numerous crimes, including assault and weapons offenses. He applied for PTI, and Probation recommended him for admission, but his application was denied. He appealed, and the Superior Court remanded the matter, after which his application was again denied. He appealed once more, but his second appeal was denied. He was convicted as charged, and he appealed a third time, arguing the trial court erred in not granting his PTI appeal. (more…)

By Jonathan F. Marshall|2020-12-04T10:52:25+00:00December 4, 2020|Assault, Pretrial Intervention|Comments Off

New Jersey Court Assesses the Right to Set Forth a Defense in a Criminal Trial

Under State and Federal law, criminal defendants are not required to offer a defense at any point during their proceedings. They have the privilege to set forth a defense if they choose to do so, though, and if a judge denies them that privilege, it may constitute a violation of the right to a fair trial. The right is not boundless, however, and any evidence a defendant wishes to set forth in his or her defense must be reasonably related to a critical element of the State’s case. A defendant’s right to offer a defense was the subject of a recent New Jersey ruling in which the defendant argued the court erred in failing to introduce evidence suggesting that another party committed the aggravated assault out of which his charges arose. If you are accused of assault or another crime, it is prudent to meet with a New Jersey criminal defense attorney as soon as possible to discuss your options.

The Alleged Assault

It is reported that a physical altercation occurred outside of a New Jersey bar. Video surveillance footage of the incident showed the victim struggling with a man. The man was wearing similar clothing to what the defendant was wearing when he was arrested moments later. The man was then shown taking an object out of the waistband of his pants and striking the victim repeatedly. The man and the victim move off-camera, and the victim is seen seconds later walking into the street to hail a police car.

It is alleged that the victim suffered a gunshot wound to the abdomen. The defendant was arrested and charged with multiple crimes, including aggravated assault. During the trial, the court prohibited the defendant from questioning the bar owner regarding his confrontation with the victim on the night of the victim, noting he had not provided notice he would argue he was acting in self-defense and the purpose of the questioning was unclear. The jury convicted the defendant, after which he appealed.

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By Jonathan F. Marshall|2020-11-25T12:31:10+00:00November 25, 2020|Aggravated Assault, Assault|Comments Off

New Jersey Court Discusses Competency to Stand Trial in Criminal Matters

In New Jersey, if a criminal defendant lacks the ability to understand the crimes the State alleges the defendant committed or the consequences he or she faces if convicted, the defendant may be held unfit to stand trial. When a defendant’s competency is questioned the State must prove numerous factors for the defendant to be found competent, as discussed in a recent New Jersey case in which the defendant was charged with kidnapping and attempted sexual assault. If you are charged with kidnapping or a crime of violence, it is wise to meet with a knowledgeable New Jersey criminal defense attorney to analyze your potential defenses.

The Alleged Crime

It is reported that the defendant was charged with kidnapping and attempted aggravated sexual assault. The defendant had a competency hearing, after which he was found competent to stand trial. Shortly prior to trial, however, he struck his head and began exhibiting concerning behavior. The defendant’s attorney requested a second competency hearing, but the request was denied. A jury convicted the defendant, after which he appealed arguing, in part, that the court erred in denying the second competency hearing.

Competency to Withstand Trial Under New Jersey Law

Under New Jersey law, if a defendant lacks the capacity to understand criminal proceedings against the person, or to assist in his or her own defense, the defendant cannot be tried, convicted, or sentenced, during the time the incapacity exists. As such, a competency hearing must be held when evidence is produced that raises a bona fide question as to a defendant’s competence.

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By Jonathan F. Marshall|2020-07-21T19:13:32+00:00July 21, 2020|Assault, Sex Crimes|Comments Off

Penalties for Assault Offenses

The potential penalties upon conviction for Simple Assault include up to six months in jail and/or probation, a fine of up to $1,000, a Victims of Crime Compensation Bureau Assessment of $50, a SNA of $75 and court costs. A domestic violence assessment also applies if the Simple Assault arises out of an incident of domestic violence.

The penalties for Aggravated Assault depend on the grade of offense charged. A Fourth Degree Aggravated Assault involves 0-18 months in jail. A Third Degree Aggravated Assault carries a maximum of 5 years of incarceration. And a Second Degree Aggravated Assault triggers 5 to 10 years of jail. The parole ineligibility under the No Early Release Act (“NERA”) also applies to any prison sentence imposed for aggravated assault. NERA mandates that an individual serve 85% of his term of imprisonment before being eligible for parole. The related maximum monetary penalties are $10,000, $15,000, and $150,000, respectively.

By Jonathan F. Marshall|2012-06-07T20:05:01+00:00June 7, 2012|Assault|Comments Off

NJ Simple Assault Law – N.J.S.A. 2C:12-1(a)

A person is guilty of Simple Assault if he:

Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
negligently causes bodily injury to another with a deadly weapon; or
attempts by physical menace to put another in fear of imminent serious bodily injury.

By Jonathan F. Marshall|2012-06-07T20:04:58+00:00June 7, 2012|Assault|Comments Off

NJ Harassment Charges Explained

The New Jersey Harassment Law is set forth at N.J.S.A. 2C:33-4. This statute provides that a person is guilty of a petty disorderly persons offense “harassment” if he:

Makes or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively course language, or any other manner likely to cause annoyance or alarm;
Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
Engages in any other course of alarming conduct or repeatedly committed acts with purpose to alarm or seriously annoy such other person.

Harassment is a Fourth Degree Crime where it is committed by someone on probation or parole for an indictable offense.

By Jonathan F. Marshall|2012-06-07T20:04:55+00:00June 7, 2012|Assault|Comments Off

Do You Need An Attorney for NJ Simple Assault Charges?

Today, I received another telephone call from an individual who attempted to defend a simple assault charge on his own. The result was a conviction for simple assault in accordance with N.J.S.A. 2C:12-1. The man was extremely concerned about the impact the criminal record would have on his employment, as well as his immigration status. We are going to file an application for post-conviction relief to vacate the conviction and, if that fails, an appeal is contemplated.

In accordance with N.J.S.A. 2C:12-1, an individual may be found guilty of “simple assault” in New Jersey under any of three scenarios. The first situation is where an individual attempts to cause or recklessly, knowingly, or purposely causes bodily injury to another. The second scenario is where bodily injury is negligently caused with a deadly weapon. The third and final setting is where an individual attempts to put another in fear of serious bodily injury through physical menace. Simple assault is a disorderly persons offense except where it is the result of a fight by mutual consent, in which case it is a petty disorderly persons offense.

The error made by the individual who retained our office today was in attempting to defend himself. He candidly had no business playing around where the potential ramifications were so significant; unless or until we vacate the simple assault conviction, he shall possess a criminal record. There is little doubt in my mind that this outcome would have been avoided had we represented him. I think that the situation represents a perfect example of how individuals make the mistake of believing that a charge like simple assault does not require an attorney by virtue of not thinking through about what the potential ramifications shall be if they are convicted. It really is not worth the risk in my view given the marginal expense of hiring NJ Simple Assault Lawyers. I am certain that this individual will not make the same mistake again.

By Jonathan F. Marshall|2012-06-07T20:04:51+00:00June 7, 2012|Assault|Comments Off

NJ Assault by Auto Law

An aggravated assault may arise out of operation of a motor vehicle. This pedigree of aggravated assault is commonly referred to as Assault by Auto. Where the resulting injury is “serious”, the Assault by Auto is a Second Degree. Serious bodily injury is defined as injury that involves a substantial risk of death, permanent disfigurement, or loss of function of a bodily member or organ. Where an injury falls short and is only “significant”, it gives rise to a Third Degree Aggravated Assault by Auto.

There are basically three (3) ways in which a person can be held accountable for assault by auto. First, where a motorist acts with the purpose or intent to collide with a victim, that is an assault by auto. The degree of a charge for an intentional collision hinges on the nature of the injury suffered by the victim (e.g. serious, significant, minor). Second, when an individual acts recklessly (e.g. driving while intoxicated, reckless driving, extreme speeding, etc.) and this results in injury to another, that is also an assault by auto. Whether this conduct is a Second Degree, Third Degree or even Fourth Degree Aggravated Assault, again depends on the extent of the resulting injury. Third, an assault by auto arises when an individual causes bodily injury while fleeing or elude police contrary to N.J.S.A. 2C:29-2(b), or while joyriding in violation of N.J.S.A. 2C:20-10(c). This variety of assault by auto is also a Second Degree crime.

An interesting issue arises when an assault by auto offense is based on drunk driving (“DWI”). When this is the case, the DWI merges into the assault by auto provided the sole basis for recklessness is intoxication. A defendant is nevertheless subject to the mandatory license suspension and penalties of N.J.S.A. 39:4-50.

Our NJ Assault by Auto Defense Attorneys have occasion to defend these charges quite often given our expertise in aggravated assault, dwi and traffic law. We are always happy to assist anyone charged with assault by auto.

By Jonathan F. Marshall|2012-06-07T17:45:20+00:00June 7, 2012|Assault|Comments Off