Firm Provides Dedicated Assistance with Assault Charges in New Jersey
Former public defender counters criminal allegations involving violence
Accusations stemming from actual or potential physical altercations could subject a defendant to various punishments, including extended incarceration. Located in Cherry Hill, the Law Offices of Joshua A. Benjamin, LLC defends the rights of individuals charged with assault in Camden and Burlington counties. Our firm presses to find exculpatory evidence and delivers powerful arguments that the accused was acting in self-defense or that other justifications exist, such as misidentification or consent. Whether you’re facing a disorderly persons charge or an aggravated assault count that could wind up in a prison sentence of several years, we will safeguard your rights and interests.
Cherry Hill lawyer handles all types of assault cases
Mr. Benjamin’s knowledge of New Jersey criminal law and the operation of area courts help clients mount a strong defense to allegations of:
- Simple assault — This charge is based on causing bodily injury to someone else or physically menacing a person so that they reasonably fear imminent, serious bodily injury. As a disorderly persons offense, simple assault can result in a fine as high as $1,000 and incarceration for up to six months. Moreover, a guilty verdict or plea will show up on your record even if you don’t serve any time in jail. Should you believe that you are wrongly accused, it’s worthwhile to fight back to avoid an unjust outcome.
- Assault during the course of a voluntary altercation — A situation where two people consent to engage in a fight is treated differently than an unprovoked physical attack. When someone is injured during the course of an altercation that both parties have joined voluntarily, it is classified as a petty disorderly persons offense, carrying a maximum jail sentence of 30 days. Of course, the line between a fair fight and an unjustified assault can be very blurry, so we gather evidence and witness testimony to demonstrate the voluntariness of the altercation even if it is not recorded on the police report.
- Aggravated assault — The presence of such factors as attempting to cause serious bodily injury, using or threatening to use a deadly weapon or recklessly pointing a firearm can elevate a charge to aggravated assault. Conviction of even the lowest degree of this crime carries a maximum prison sentence of 18 months, so it is essential to retain an advocate who will counter the inaccurate claims made by prosecutors and adverse witnesses.
One mistake in your defense against assault charges could be the difference between a positive result and an outcome that follows you for the rest of your life. Our firm provides a free initial consultation so you can gain a true understanding of your legal options before deciding on your next move.
Can you face battery charges in New Jersey?
Many people instinctively lump assault and battery together and it is true that many similarities exist between the crimes. However, a battery must involve some type of physical contact, while an assault charge can be brought even if the alleged victim never was touched. New Jersey law does not have a specific prohibition against battery, but the presence of physical contact can raise the degree of an assault charge and expose the defendant to stiffer penalties.
Contact a New Jersey defense lawyer for a free consultation regarding an assault charge
The Law Offices of Joshua A. Benjamin advocates on behalf of New Jersey residents who have been accused of assault and other types of criminal misconduct. To make an appointment for a free consultation at our Cherry Hill office, please call 856-528-8104 or contact us online.