Experienced New Jersey Domestic Violence Lawyer Explains Assault Penalties
What are the range of assault penalties you could face for a conviction in New Jersey?
The jail time range for an assault conviction in New Jersey is actually up to six months. You can wind up with a period of probation, and a fine of up to $1,000. There are several assessments which are monetary amounts that range from $100.00, $75.00, court costs, surcharges, that can add up to another few hundred dollars. Obviously the most serious are the six months in jail and even probation can be quite burdensome.
Are there anger management or rehabilitation classes a convicted person may be required to take?
As a dedicated New Jersey assault charge lawyer, what I am trying to do when I represent somebody who is charged with a simple assault on a domestic violence issue is to try to find out what the underlying issues are. I research what the family issues are and whether or not this is a family that is willing to stay together and work it out so no one will get hurt. I’m finding that a lot of the courts, and some of the prosecutors, are willing to listen when it comes to what the family needs to come to a resolution.
In some situations, I’m advising clients who are charged with these offenses that the prosecutors and/or the judges are going to recommend some type of anger management, or what’s called an “alternative to violence program.” That could be as part of a plea bargain on certain occasions. I’ve handled cases like this before, and represented people who have successfully complete anger management or alternatives to violence programs. We have even been successful in getting their cases dismissed once they demonstrated successful completion of these programs.
Do Victims Of Domestic Abuse Ever Want Their Cases Dismissed?
It’s very common that the alleged victim will come in, sometimes even into my office, and speak to me about not wanting to go forward with their case. In these situations, I would speak with the victim, and present that information to the prosecutor. My recommendation to that person is to come to court on their own, bring identification so the prosecutor can verify who they are, and that they are indeed the person who was involved, and to have an independent and separate conversation with the prosecutor explaining why they want the case dismissed.
If the prosecutor is satisfied that the alleged victim does not want to go forward with the case, then in court the alleged victim could be questioned by the judge. This would lead to the judge asking specific questions of the victim on whether or not they wish to go forward with the charges or not.
Were you or someone you love charged with, or a victim of assault? Assault penalties in New Jersey can be severe and have life long consequences. Contact dedicated New Jersey domestic violence lawyer Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think, and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced attorney that will aggressively fight to minimize the potential serious consequences you may be facing. Call today for a free confidential consultation. Let our experience work for you.