Charged with Assault in NJ?
Lawyer H. Scott Aalsberg has a: 98% Success Rate to Win, Reduce or Eliminate the Penalties
Protect Your Rights - Free Confidential In Office Consultation Call 1-800-9-RIGHTS
NJ Assault Lawyer: H. Scott Aalsberg, Esq., P.C.
Award Winning Defenses and Strategies to Win a NJ Assault Charge
H. Scott Aalsberg, Esq., P.C.
When You Simply Need The Best Defense
Main Office: 39 Milltown Road, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
1-800-9-RIGHTS or (732) 257-5040
|Don't Let the State of NJ Assault You! GET HELP NOW!
The Sooner you start the representation on your criminal assault case
The more we can do to help Win or Reduce the Penalties!
Call our office at the first sign of a problem such as when you are contacted by the police, or
even think something may happen. Early representation can in many cases head off and
defend against a prosecution in the criminal justice system. An indictment or criminal charge
can be extremely destructive to your reputation and career. Don't wait until you are formally
charged with an assault charge or wait until you get your court date to appear in criminal
court. Proactive pre-indictment action can sometimes prevent the assault charges from
occurring or even reduce the charges ultimately filed, saving you time and money. Don't wait!
Protect your rights and call now for a free private in office consultation with one of our
experienced New Jersey Criminal Assault Lawyers.
The call is free but the results can be priceless.
Jail: Up to 180 Days in Jail
Fine: Up to $1000 Fine
Other Penalties: The judge in his/her discretion
may also order the offender to serve community
service, pay restitution, serve time on probation
and attend counseling and anger management
classes. *(If the assault is committed in a fight or
scuffle started by the consent of both parties then
penalties for simple assault are lowered to a
maximum of 30 days in jail and $500 fine.)
(Assault Penalties Depend on Degree of Your NJ Assault
Offense the ranges are listed below)
Jail: From 18 months to 10 years
Fines: $10,000 to $150,000
Other Penalties: The judge in his/her discretion may
also order the offender to serve community service, pay
restitution, serve time on probation and attend
counseling and anger management classes. Unlike
Simple Assault in certain instances, consent of both
parties to start a fight is not a defense to lower the
penalties for aggravated assault.
|NJ Simple Assault 2C:12-1(a)
Penalties for 2017
|NJ Aggravated Assault: 2C:12-1
Penalties for 2017
* Disclaimer: All NJ Assault Penalties listed above are the ordinary terms. Additional penalties for repeat criminal offenders may apply which can substantially
increase the jail time and fines for all assault charges. Immigrants with VISA and Green Cards may be subject to deportation if convicted of an assault charge in
NJ. Please see attorney for details for applicability to your particular assault offense. *98% success rate is based on past cases and is not indicative of future
results and is based on the maximum potential penalties a person could receive. This website is provided for informational purposes and is not intended to give
legal advise. All definitions of assault as listed above are simplified, please contact one of our NJ assault lawyers for complete details of what is an assault in New
Jersey, as this site may contain errors and or omissions.
If you hit, or attempt to hit someone in New Jersey you could be found guilty
of an assault charge. An assault charge in New Jersey is one of the very few
offenses in which you can be charged with an "attempt to commit the
offense" even if you never actually committed the offense. Thus every
assault charge needs the best representation. No matter what type of assault
you are charged with (simple or aggravated) in New Jersey you face jail and
a criminal record. Although eventually you will get out of jail, most of the
consequences of a conviction will last a lifetime and can never be repaired or
eliminated. For example your criminal record for assault in NJ will make it
harder to find a job, and even more expensive to get car insurance. Many
defenses exist to an assault charge, but you must take the first step and call
our office at 1-800-9-RIGHTS and setup a free in office consultation. The
consultation is free, the results could be priceless.
|Helping Client Get
Not Guilty Verdicts
For 24 Years
What is a Simple Assault in NJ
Simple Assault in New Jersey is:
- Attempting to cause or purposely, knowingly or
recklessly causing bodily injury to another, or
- Negligently causing bodily injury to another with a
deadly weapon, or
- Attempts by physical menace to put another in fear
of imminent serious bodily injury. For this simple
assault offense no actual touching (assault) to the
person needs to take place.
What is an Aggravated Assault in NJ
Aggravated Assault in New Jersey is:
- Attempting to, causing, or recklessly causes serious bodily injury to
- Committing a simple assault upon a: police officer, fireman or
anyone engaged in emergency first aid, any school employee, bus
driver or train operator while at work, any employee of DYFS, any
Judge, any department of corrections employee and any person
employed by a utility company;
- Causes bodily injury to another while fleeing or attempting to elude
a law enforcement officer
- Causes injury to another while operating a motor vehicle which was
stolen or while driving recklessly this is called assault by auto.
- Points a firearm or an imitation firearm at a law enforcement officer
- Uses or activates a laser sighting system against a law
- Uses a weapon or deadly instrument (example car, hammer or
other object) at the time of the assault or attempted assault
- A simple assault which otherwise occurred within 1000 feet of a
school or while driving through a school crossing can be charged
as an aggravated assault
We Serve All of NJ. The Top 30 New Jersey Towns for Criminal Assaults based on our record of representation: Woodbridge, Lawrence, Edison, Bridgewater, Cherry Hill, Atlantic City, Jersey City, Paramus,
Totowa, Short Hills, East Brunswick, Clifton, Elizabeth, Wayne, Secaucus, North Brunswick, Eatontown, Roxbury, Atlantic City, Belmar, Freehold, Princeton, Tinton Falls, South Brunswick, Ocean Township,
Burlington, Edgewater, Cinnaminson, Union, Spotswood, Fairfield, Newark, Orange, Little Falls, North Bergen, Metuchen, Sayreville, and Carteret. Results based on cases we handle in NJ
Although we handle many assault cases, New Jersey Defense Lawyer H Scott Aalsberg can represent you for any criminal charge filed in NJ. As a full service NJ Criminal Lawyer law firm
we handle: Assault, and Aggravated Assault charges anywhere in the State of New Jersey, Let the experienced New Jersey Criminal lawyers at the law office of H. Scott Aalsberg, Esq. P.C.
get you the not guilty verdict you need, to win your assault charge. Over 23 Years of Experience and 10,000 cases either won, reduced or downgraded Since 1992
Copyright 2017 H.S.A. NJ Assault Lawyer
Simple Assault Defenses in New Jersey
Many defenses to simple assault exist but must be presented properly and
pursuant to court rules thus the need for an experienced NJ Assault
Lawyer like Attorney H. Scott Aalsberg. Based on your case the
defenses include but are not limited to: duress, intoxication, consent,
justification, self defense, alibi, and even insanity. In NJ certain defenses
for assault require you to serve a written notice of that intention upon the
prosecuting attorney prior to trial you cannot just ask the judge. For an
alibi defense you must within 10 days after a written demand by the
prosecuting attorney, furnish the prosecuting attorney with a signed
statement of alibi, specifying the specific place or places at which you
claims to have been at the time of the alleged offense, in addition to the
names and addresses of the witnesses upon whom you intend to rely to
establish the alibi defense. Get the Best Assault Lawyer and Get the Best
Defense! Our Proven Winning Strategies can help even the guilty Win!
Aggravated Assault Defenses in New Jersey
Many of the same defenses available in Simple Assault (as noted to
the right) are available in Aggravated Assault. However, one
additional defense does exist and although consent is not a defense
to the charge the defense of mutual fighting in an assault charge can
lower the offense grade. Mutual fighting is where both parties
agreed to fight each other in advance of the first blow. Compared to
simple assault, aggravated assault in NJ puts you in Superior Court.
Unlike Municipal Court the court rules are much tougher in Superior
Court and if your defenses are not presented properly by an
experienced assault lawyer you could be barred from using them.
Think of it, even if you have an alibi defense (i.e. Someone else did
it) the court may refuse to permit you to present witnesses at trial as
to your presence at or absence from the scene of the alleged
offense even if you are actually innocent if you didn't file the right
notice in a pre-trial. Don't let this happen to you get the experienced
lawyer you need. Get Attorney H. Scott Aalsberg with over 22 years
of experienced defending NJ Assault cases, you can be assured you
will get the best defense possible!
H. Scott Aalsberg has been selected
by the National Trial Lawyers
Association as one of the Top 100
Trial Lawyers 3 years in a row 2014,
2015, and 2016. Attorney Aalsberg
has appeared on ABC News 20/20,
WCBS, WABC and WNBC News. He
has also been interviewed by the NJ
Star Ledger and NJ Law Journal for
commentary on cases.
How to Win an Assault Charge in New Jersey:
Now that you have read our website its time to win. The best and
easiest way to win your NJ Assault Charge is to get the best lawyer.
When you need to win you need the best lawyer. Call
1-800-9-RIGHTS now and learn how to Win!
|NJ Simple Assault in Municipal Court
|NJ Aggravated Assault in County Court
Lawyers Commentary on the Law of
Assault Charges in NJ:
Most Assault charges filed in NJ start out with a call to
the police by either a family member, friend or lover.
This is also called Domestic Violence. The victim calls
911 either for medical assistance or for the police to
"break up the fight." In most cases once the police
arrive the "victim" and the offender have made up but
the police still arrive, separate the parties and file an
assault charge many times even against the victims
wishes. Unfortunately even if the victim does not want
to press charges the police will. The police if they see
any injury to any person are obligated to file and press
the charges. Many people are under the false
assumption that the victim can just go to court and ask
the judge to drop the charges. This would be true if
this was a civil case. But when you are charged by the
police, only the police officer, prosecutor or judge can
drop the charges and they will not do so without
evidence. If this has happened to you not to worry
defenses do exist our head attorney H. Scott Aalsberg,
Esq., has a 98% success rate to win, reduce or
eliminate the penalties on all NJ Assault Charges.
Assault charges that would normally be charged as a
simple assault (an assault that is either non violent or
little harm was done) can be charged as an
aggravated assault if the defendant is a member of a
protected class. This includes teachers, bus drivers,
train operators, firemen and even utility workers.
Although the law is tough it's even tougher if you
assault a protected class! Get Help 1-800-9-RIGHTS
|H. Scott Aalsberg, Esq.
was ranked one of the National
Academy of Criminal Defense
Attorneys Top Ten NJ Lawyers
for 2015 and 2016
|NJ Simple Assault Defenses for 2C:12-1(a)
|NJ Aggravated Assault Defenses for 2C:12-1
|If your Assault Charge was filed by the Police and you were Arrested and Charged:
The Fact that the victim did not want, request or ask the charges to be filed, does not stop your prosecution for an Assault in NJ.
The Fact that victim now wants your charges to be dropped or dismissed, does not stop your prosecution for an Assault in NJ.
When charges are filed by the Police the victim is the State of NJ. It is the State of NJ vs. You NOT You vs. The Victim.
Even if the victim asks the court to drop the charges the court and the prosecutor may still proceed with your prosecution.