Hackensack, NJ asked in Criminal Law for New Jersey

Q: I got charged with simple assault, which was a lie. My 23 year old cousin blamed me for the bedroom door hitting her.

she was trying to pull the door open & when it hit, her me & her dads girlfriend started giggling. She got mad & threatened to f'n punch me in face and pushed me. I did not retaliate. I told her that she had 1 hr to remove her belongings if not I was going to call the police. So in the meantime the date kept getting push off & yesterday was the court date. She didn't show...I showed with my witness & Im thinking that it got dismissed. Turns out she got a lawyer & I will be getting a letter in the mail for next date. So I want to know if I need a lawyer since I have a witness and she doesn't. I don't know if she is looking to take me for a monetary ride. I don't know what to do. The incident happened in Morganville, NJ on 5/22 No police were called. She went to hospital next day. Her mom sent a pic of her with a bump on her head that looks like a pimple, she went to hospital next day then filed complaint 2 days later on 5/24/16. What do you advise

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2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: You need to get yourself a good criminal lawyer. If she has spent the money for a lawyer she is serious about prosecuting this case and you face possible jail, probation and fines if you lose. By the way you don't have to actually touch the person yourself to be charged and convicted of assault, you just need to put in motion the act which made the person get hit or injured. For example you drive a car, you jump out of the car but it hits a person, your guilty of assault. Actually this would be an aggravated assault if they were injured but you should get the point. Get a good lawyer and get a good defense otherwise you may regret it in the future. Most of us offer free in office consultations during normal business hours take advantage of one.

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
Answered
  • Criminal Law Lawyer
  • Edison, NJ
  • Licensed in New Jersey

A: 2C:12-1 Simple Assault & Aggravated assault

2C:12-1 . Assault. 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 persons offense.

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year

community service 180 days maximum

mandatory costs, VCCB and other penalties

Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.

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