Piscataway Simple Assault Lawyer
According to crime statistics concerning violent crimes and risk to your physical well-being, you are sixty five percent safer in Piscataway than you are in other US towns of similar size and population. This is not to say that Piscataway is without its fair share of assault and threat crimes. In fact, with Piscataway being the home town to the Rutgers Scarlet Knights football team, Rutgers University, and thousands of residents plus visitors, it is a top location in which people are charged with the disorderly persons offense of simple assault. SHI Stadium alone hosts nearly 53,000 people when there is a home game. This is in addition to the number of current residents living on Bush and Livingston Campuses and off-campus in Piscataway. Even the RAC (Rutgers Athletic Center) invites 9,000 people to come watch the Rutgers men or women’s basketball teams battle it out against visiting teams. Unfortunately, many times, the sheer adrenaline of the games themselves or the intoxication of the spectators make the timing right for simple assaults to occur. Beyond this, altercations at local bars and restaurants, in retail centers, and in cases of domestic violence, make simple assault charges very likely to occur.
Anyone charged with simple assault in Piscataway, New Jersey should take the charge seriously and seek legal representation. Before heading to Piscataway Municipal Court, you should speak to an experienced criminal defense lawyer who can explain your charges, your options, and your potential defenses. Don’t risk being confronted with the very unfortunate outcomes of a conviction. Talk to a talented Piscataway Simple Assault Lawyer at Proetta & Oliver regarding your case today. We can be reached anytime at (732) 659-9600 to provide you with a free consultation.
Charged with Simple Assault in South Brunswick, New Jersey
A person may be found guilty of simple assault under N.J.S.A. 2C:12-1 if he or she attempts to cause or purposely knowingly, or recklessly causes bodily injury to another, or negligently causes injury with a deadly weapon, or attempts to put another in fear of imminent injury. Generally, the person charged with the crime must be said to have intended a certain result. At a trial, the state sets out to prove that the actor intended to harm someone by attempting to hurt them or by actually causing harm. This can be proven by demonstrating that certain acts took place that would seemingly have no other legitimate purpose. As you might expect, this is more easily demonstrated in some simple assault cases than in others. However, the most concerning fact about simple assault is that the crime is grossly dependent on the thoughts and interpretations of the alleged victim and not the person who allegedly committed the crime.
If you or someone you know has been charged with simple assault in Piscataway, you will be forced to go to Piscataway Municipal Court located at 555 Sidney Road, Piscataway, NJ and answer to the charges. You will attend court at the Municipal level because this offense is not a felony, but rather a disorderly persons offense. You will be given the opportunity to plead guilty or not guilty and at some point in the future, have a trial. If convicted, you may be sentenced to 6 months in jail, $1000 in fines, and/or be placed on probation.
Domestic Violence Simple Assault in Piscataway
If you are charged with simple assault in connection with a domestic violence case in Piscataway, you will be held in jail unless or until a judge agrees to let you out by way of pre-trial release or after a detention hearing. You may recall that a few years ago, a Rutgers receiver was charged with simple assault in connection with a domestic violence case. At that time, anyone charged with an offense could pay bail and get out of jail. Now, after bail reform, anyone charged with a domestic violence must be placed in jail until the prosecutor and pretrial services can review their criminal history, nature of the offense charged, risk for failure to appear in court, and other factors. Under the Attorney General’s Guidelines, the prosecutor may file a detention motion to hold you in jail pending your trial or resolution. However, you are entitled to a hearing in which our attorneys can argue that you should be allowed out of jail with or without conditions while on pre-trial release. If released, you will be expected to attend court on the specified date and time. If held, you will remain in the Middlesex County Jail until your municipal court date. You may also face a temporary restraining order, which could become permanent, in a domestic violence case of simple assault in Piscataway.
Examples of Simple Assault in Piscataway Township
You may recall in case in which a Piscataway Township Police Officer was charged with simple assault. It was alleged that the officer had a person in handcuffs in his car and that he punched the individual without provocation or defense. Clearly, proof beyond a reasonable doubt that the Officer intended to and did cause harm to the unsuspecting person could easily be shown to the court if there was video of the event. The proof via video, together with the victim’s testimony, would likely seal the officer’s fate in the form of a finding of guilt. And yet, not all simple assault cases are this clear cut, and convictions tend to rest on the testimony and interpretations of the alleged victim, no matter how incorrect they may be.
Consequently, if you and your friends are at a football game at Rutgers Stadium and a supporter of the rival team says that you injured him or scared him into thinking he would be harmed, you could be charged with simple assault. This often occurs when young college-aged adults are having a good time, consuming alcohol, pregaming or cheering for their favorite team. Inevitably, someone in the crowd of thousands may become loud, shouting profanities or other verbal assaults. Before you know it, fists may be flying, mayhem quickly begins and then ends in handcuffs and a court date.
As a result, you may go to Piscataway Municipal Court, and although no one was really hurt, the victim testifies that you threw the first punch. You deny it, but for reasons of a credibility call, the court believes the alleged victim.
Envision a similar situation in which the alleged victim was really the aggressor at the game and he began shouting at you and then threw a full glass bottle of beer at you, nearly missing your head. In an effort to ward him off, you grab your baseball bat from your car and crouch into an attack stance. Unfortunately, the “victim” goes to court, testifies that you were swinging the bat in a menacing manner that put him in fear of imminent bodily injury. He conveniently leaves out details about his own culpability and, because you have no witnesses or are otherwise unprepared, you get convicted. In these examples, the conviction may rest almost exclusively on the deceitful testimony or statement of the victim. This is one of the unintended pitfalls of the simple assault statute that was really meant to protect innocent individuals from harm.
Get Representation from Piscataway Simple Assault Defense Attorneys
As you can see, simple assault can take on many different fact patterns and what may have started out as a fun-filled day of watching football, hanging with friends, or spending time with family can turn into a serious criminal case and even a stint in jail. In cases of simple assault, it is unfortunately true that another person’s lies, if not contradicted, can secure a conviction against you. If you have been arrested for simple assault in Piscataway, our seasoned Piscataway criminal defense attorneys can cross-examine witnesses, poke holes in the state’s case, and expose the truth. Contact our office at (732) 659-9600 today for assistance from a Piscataway simple assault lawyer with extensive experience handling cases like yours.