Monmouth County Criminal Assault Attorney
Our Monmouth County Criminal Attorneys know that an assault charge can happenfrom a bar fight, a disagreement with a neighbor, and many other confrontational situations that we face in everyday life. If you’ve been arrested for assault, our attorneyshave most likely dealt with a similar assault case, and know what a difficult time you are going through. Our goal is to handle your case with professionalism and get the best results for you!
New Jersey Law treats assault crimes seriously and our firm realizes the severity of these types of criminal charges. Charges for these types of crimes can have significant penalties and consequences without legal representation. Calling the firm of Riviere Cresci & Singer LLC early on in your case will help preserve your legal rights, as well as, insure that our attorneys are there to assist from the cases inception.
Why is early intervention by one of our attorneys important?
Because our defense strategy, which begins from the time that you retain our services, can often significantly reduce or eliminate the risk of serious criminal penalties and sentences.
- Simple Assault
- Assault and Battery
- Domestic Assault
- Aggravated Assault
- Assault with a Vehicle or Deadly Weapon
If you have been charged with any of these types of assault in Monmouth County or throughout New Jersey, contact our firm for a free consultation. Our team of Ocean County criminal defense attorneys will listen to your side of the story.
From there we will develop a criminal defense strategy to maintain your liberty.
If you have been charged with any of these types of assault in Monmouth County or throughout New Jersey, call the Criminal Assault Attorneys at
Riviere Cresci & Singer LLC.(732)-646-5529
Aggravated Assault is an indictable charge in New Jersey, generally involving serious bodily injury purposefully, and/or with indifference to human life, or using a deadly/dangerous weapon with intent to cause bodily harm. A deadly weapon could be a gun, knife, bat, car, or any other dangerous item. Aggravated assault is can also charged in cases where a fire or explosion causes bodily injury.
A person is guilty of aggravated assault in New Jersey in following degrees of felonies if he/she:
Fourth degree aggravated assault
2C:12-1(b)(3) Recklessly causes bodily injury to another with a deadly weapon
Third degree aggravated assault
2C:12-1(b)(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon;
2C:12-1(b)(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury
Second degree aggravated assault
2C:12-1(b)(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury
2C:12-1(b)(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10.
Assault by Auto is an assault where a car is used to perpetuate the crime i.e. you hit someone with your car.
Below you will find the statutory definition of Assault by Auto.
2C:12-1c(1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and bodily injury results.
(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of 39:4-50 or 39:4-50.4a while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a designated school crossing
(c) driving through a non-designated school crossing knowing that juveniles are present.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
Simple Assault is a lesser offense where the defendant knowingly or negligently caused bodily harm, or put a person in fear of bodily harm. This charge usually arise in cases of fights or minor injuries. The maximum penalty is 6 months in jail and/or a $1000 fine. Below you will find the statutory definition of Simple Assault.
2C:12-1(a) Simple Assault
A person is guilty of assault if he:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly person’s offense.
Simple Assault a previously described Simple Assault is a lesser offense considered a disorderly persons offense, which has a maximum penalty of 6 months in jail and/or a $1000 fine.
Aggravated Assault can range in degree of the felony charge that you may face, however the most serious a 2nd Degree Crime, with a maximum penalty of up to 10 years in state prison.
Assault by Auto is generally charged as a 4th Degree crime where a serious injury occurs, and a disorderly person’s offense if a less serious bodily injury. A 4th degree crime can carry a penalty of 18 months in prison and fines of up to $10,000. A disorderly person’s offense can carry a maximum penalty of 6 months in jail and/or a $1000 fine.
Possible Assault Defense Strategies
There are numerous different legal defense strategies possible defend an assault charge. We have named a few below to give you a reference of some of the possibilities.
If some else threw the first punch or attacked you first, then self-defense may be a viable defense to an assault charge. Many fights occur where an argument turns from the words “bring it on” to physical. The police frequently aren’t in a position to tell who threw the first punch. To often they will arrest both parties, or they arrest the person who has the least bruises to show for, despite how the fight actually took place.
Our firm can argue certain affirmative defense such as: that you committed an assault to avoid the other person from harming you or someone else. Perhaps the other person provoked the fight. Our firm can also argue it was necessary for you to physically intervene for the purpose of preventing a the other person from stealing property, or committing other thefts or criminal acts.
If there is a fight or altercation involving a crowd of people, it may be hard for the police to decipher who was involved, and who was a bystander trying to stay out of the way and avoid injury.
threat of injury has to be believable; The alleged victim has to have a valid fear of injury. If the alleged victim wasn’t actually worried about his/her welfare, and instead tried to get you arrested for other reasons, like revenge, or domestic or family court leverage, then the charges should be dropped or dismissed.
No fight, disagreement, or argument is the same. Therefore each assault case has its own set of facts. It is important to speak criminal defense lawyer from Riviere Cresci & Singer LLC as soon as possible, to evaluate your case and determine your defense strategy to beat an assault charge in court.
Our firm offers a free legal consultation on your assault, battery, domestic assault, or any other charges that you may face. We will consult you by phone or in person. We are here for you in your time of need and stress. The consultation will advise you of what your rights and potential outcomes are.