Assault and Battery Attorney in Union County, NJ
While Union County cities like Summit and Mountainside are great places to live, disagreements can happen anywhere, and suddenly, you can find yourself facing an assault and battery charge. An assault and battery accusation can negatively affect your life professionally and socially. Hiring a Union County assault and battery lawyer can be the difference between having your freedom or reputation taken away and having the charges dismissed.
Hire an Assault and Battery Lawyer From The Law Offices of Jared B. Weiss
If you are facing charges for assault and battery, you’ll want legal counsel with the experience and integrity to deal with you as a real person. Since 2006, The Law Offices of Jared B. Weiss has been defending clients all over Union County. Our firm is led by a New Jersey Certified Municipal Court Trial attorney who is a hands-on, dedicated legal professional who has been.
Whether this is your first time in the Union County court system or a repeat charge, we are here to fight for your rights and reputation. Our Union County assault and battery lawyer is passionate about listening to your side of the story and getting your charges reduced or dismissed.
Types of Assault in Union County
Whether you’re in Plainfield or Linden, an assault and battery accusation can ruin your standing in the community and lead to hefty fines or jail time.
Assault and battery charges refer to both the intent to cause harm to another and the actual offense of harming them. In Union County, an assault and battery charge can be categorized as simple assault or aggravated assault, but both types may result in fines and/or jail time.
Simple Assault
Simple assault is defined under New Jersey Statute 2C:12-1 as the threat of harm to another person, which is classified as a disorderly conduct charge. Simple assault charges occur when the accused allegedly:
- Attempts to cause or knowingly, recklessly, or intentionally causes bodily harm to another person
- Negligently causes harm to another person with a deadly weapon
- Attempts to create a fear of harm through threatening actions
If a simple assault is the result of a mutual altercation, it’s classified as petty disorderly conduct. A disorderly conduct charge is punishable by up to six months in jail and a maximum of $1,000 in fines under NJ Statute 2C:43-3.
Aggravated Assault
Aggravated assault is the threat of or causing serious harm to another person. In 2024, 68.4% of all violent crimes in New Jersey were aggravated assault crimes. This offense often involves more serious injuries and happens when the accused allegedly:
- Attempts to or causes serious bodily injury or shows carelessness toward the value of human life
- Attempts to or causes bodily injury knowingly or willingly with a deadly weapon
- Recklessly causes bodily injury to another
- With recklessness toward the value of human life, points a firearm at another person, whether or not they know it is loaded, and whether or not it is a fake firearm
- Commits a simple assault on a law enforcement officer, firefighter, EMT professional, school committee member, or certain other public officials
Aggravated assault charges are divided into degrees (2nd, 3rd, and 4th degree) and can range from a sentence of 18 months to 10 years, with fines up to $150,000 under NJ Statute 2C:43-3.
Why You Need a Union County Assault and Battery Attorney
When faced with charges that could derail your life and discredit your character, you should hire a Union County assault and battery lawyer from The Law Offices of Jared B. Weiss. We can help salvage your reputation and keep you out of jail.
We are adept at pre-trial motions, plea bargaining, and negotiating treatments and interventions, such as cognitive behavioral therapy proven to reduce recidivism, rather than jail time. We can also defend you aggressively if your case goes to trial at the Union County Courthouse in Elizabeth. Dealing with criminal charges on your own can result in an unfavorable case outcome.
FAQs
What Three Elements Must Be Present to Prove that an Assault Occurred in Union County?
The three elements that must be present to prove that an assault occurred in Union County, New Jersey are intent, imminence, and ability. Intent refers to the defendant knowingly and willingly attempting or causing harm. Imminence means the assaulted person had an imminent fear of danger. Ability refers to the ability of the accused to commit the crime. Our Union County assault and battery lawyer can work to discredit the prosecutor’s theory that these three elements are present.
What’s the Difference Between Battery and Assault in New Jersey?
In New Jersey, battery is not a separate charge from assault. Assault refers to the intent to cause harm, and battery is the actual physical harm. Under New Jersey Statute 2C:12-1a(1), assault and battery are combined into one offense. Simple assault does not always involve battery; however, aggravated assault often includes the physical injury that occurs with battery.
What Is New Jersey’s Three Strikes Law?
New Jersey’s Three Strikes Law, also known as the Persistent Offender Act, allows a court to render harsher penalties to a defendant who has been convicted of at least two crimes within the last 10 years. The accused must be at least 21 years of age, and must have been at least 18 years of age at the time the first two crimes were committed. If an assault and battery case incurs a second or third degree charge, the Three Strikes Law could apply.
What Are Effective Defenses for Assault and Battery Charges?
Effective defenses for assault and battery charges can include claiming self-defense, the defense of another person, or claiming a case of mistaken identity. Other defenses can depend on how evidence was collected by the prosecution, whether or not the client’s rights were violated, and whether or not there are witnesses to the alleged crime. Our goal is to aggressively defend our client, functioning as trusted legal counsel during a difficult and trying time.
Contact The Law Offices of Jared B. Weiss
At The Law Offices of Jared B. Weiss, our process is to first thoroughly interview our client for their recollection of events. We take a detailed inventory of any evidence and how it was collected so we can negotiate with the prosecutor on charges and penalties. We also interview witnesses and represent our client with strategic legal maneuvers and a wealth of knowledge.
When faced with an assault and battery charge anywhere between Elizabeth and Berkeley Heights, contact our criminal defense team for effective advocacy.
