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CALL 973-453-2009 Allegations of assault are serious, and a criminal conviction could have a lasting impact on your freedom. Violent crimes are often aggressively prosecuted in New Jersey, so it is crucial that you have the support of a dedicated criminal defense attorney from The Law Office of Eric M. Mark every step of the way.
A strong defense could be the difference between a conviction and a clean record. Before you represent yourself in court, consider discussing your options with experienced legal counsel. A Newark assault lawyer could provide the ideal strategy for your case.
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Defining Assault
There are different types of assault charges under the law. In New Jersey, the most commonly charged offense is simple assault, which can be proven in three different ways. This offense involves conduct such as:
- Causing bodily injury to another person
- Negligently injuring someone with a deadly weapon
- Attempting to cause fear of imminent harm using physical menace
In addition to these simple assault charges, an aggravated version of the offense carries steeper penalties. These cases often involve the use of a deadly weapon. Other aggravating factors relate to the alleged victim, including acts of violence against police officers and significant or serious bodily injury to the victim.
Simple assault is treated as a disorderly person’s offense and carries a maximum jail term of six months. However, the penalty is much higher in aggravated cases. Depending on the circumstances, these charges could result in up to 10 years in prison, and consequences only come into play after being found guilty. An attorney serving Newark could help defeat an assault charge.
What Is a Bodily Injury?
Assault charges hinge on proof that the alleged victim faced actual, threatened, or attempted bodily injuries. Without this evidence, the government does not have enough to prove the case beyond a reasonable doubt. With that in mind, it is helpful to understand what qualifies as a bodily injury under the law.
A bodily injury includes physical pain, illness, or impairment of a person’s physical condition. It can include discomfort that does not result in any visible signs of harm or an injury with notable bruising or scarring.
Not every fleeting moment of pain is evidence of an assault. For example, courts have previously held that a person accidentally struck during an argument was not the victim of an assault, even though the contact resulted in minor pain. An assault lawyer in Newark could build a viable defense against these allegations.
Finding the Right Defense Approach
Different strategies might work in an assault case, but finding the right one depends on the facts. There is no one-size-fits-all strategy that will always result in an acquittal. Self-defense or the defense of others is one of the most common options. Even if all the other elements of the crime are met, a person cannot be convicted if it shows they were defending themselves from a reasonable fear of immediate harm. Other options might highlight a lack of evidence or entirely point to a different suspect.
Call a Newark Attorney For Help With an Assault Charge Today
Avoiding a conviction in these cases is possible, but that does not mean it will be easy. This is especially true when you represent yourself.
Let a Newark assault lawyer like Eric M. Mark serve as your advocate during every stage of your case. Call as soon as possible for a private consultation.
Actual physical contact need not have happened. What this means is that another individual only needs to say that they were afraid of you or your actions in order to establish a charge of assault.
A Newark assault lawyer may be able to prove that you were acting to protect yourself or someone else. Call or stop by my office today to discuss your options. Your physical size and the circumstantial evidence may paint a dismal picture, but it’s the facts that hold up in court.
