Mount Laurel Assault and Threat Crimes Lawyer
Experienced Criminal Defense Lawyer John B. Brennan Fights for the Rights of Clients Accused of Assault and Threat Crimes
In an instant, you may find yourself in a fight, and before you know it you’re in handcuffs, charged with assault. You may have been in the wrong place, said the wrong thing to someone, or maybe you were honestly trying to defend yourself or someone else. Regardless of the circumstances leading to your arrest, when you are charged with assault in New Jersey, you need a skilled Mount Laurel assault and threat crimes lawyer to defend your rights and interests. As with all violent crimes, assaults are taken very seriously by prosecutors in the state, and a conviction may have you serving jail or prison time and paying thousands of dollars in fines.
When you are arrested, you have options for defending yourself. Let an experienced assault and threat crimes attorney in Mount Laurel, NJ, like me get to work in your case pursuing the best possible outcome from your charges. With decades of professional experience in the New Jersey criminal justice system, including 25 years spent as a prosecutor, I am very familiar with how criminal cases are built and pursued, so I know what it takes to build effective legal defense strategies.
Contact an experienced Mount Laurel assault and threat crimes lawyer at the Law Office of John B. Brennan today to set up a free consultation, where I can give you an honest assessment of your case and discuss how I may be able to help you address your assault charges.
Facing Charges For Assault And Have Questions? I Can Help, Tell Me What Happened.
Types of 2C:12-1 Assault and Threat Crimes in New Jersey
New Jersey law takes an exceptionally broad view of what constitutes a threat or an act of violence. Under the 2C:12-1 statute, an assault can be any attack or even a credible threat of an attack, whether or not a weapon was used or physical contact actually occurred. In my 30-plus years in the criminal justice system, I have seen how quickly a heated argument or a momentary lapse in judgment can escalate into life-altering criminal charges. When you are facing the resources of a prosecutor’s office, you need a defense that is proactive, experienced, and prepared to challenge the state’s version of events from day one.
At The Law Office of John B. Brennan, I provide a sophisticated and aggressive defense for all varieties of assault and threat-related offenses, including:
- Simple assault: Typically charged in Municipal Court, this involves causing or attempting to cause bodily injury, or putting someone in reasonable fear of imminent harm
- Aggravated assault: A high-degree indictable offense involving serious bodily injury, the use of a weapon, or extreme indifference to human life
- Aggravated assault at a school: Charges are significantly enhanced when an alleged assault occurs on school property, at a school-sponsored event, or involves a teacher or school administrator
- Assault with a deadly weapon: Defending against the severe sentencing enhancements that apply when a firearm, knife, or even a vehicle is alleged to have been used to threaten or cause harm
- Terroristic threats (2C:12-3): Addressing charges where a defendant is accused of threatening a crime of violence with the intent to terrorize or cause serious public inconvenience
- Stalking and harassment: Managing sensitive cases involving allegations of repeated, unwanted conduct or communication intended to cause emotional distress or fear
- Disorderly conduct: Often a companion charge to assault, this covers “improper behavior” or offensive language in public that is alleged to have caused a disturbance
- Companion charges (domestic violence & resisting arrest): Navigating the complex dynamics of cases that involve Temporary Restraining Orders (TROs), resisting arrest, or the destruction of property (criminal mischief)
Whether your case involves a “Baby Assault” in a bar or a high-stakes felony indictment in Superior Court, I am not here to judge you. I am here to help you. Having spent 25 years serving as a Burlington County prosecutor, I know exactly how the state builds these cases and where the procedural and evidentiary weaknesses lie. My goal as a Mount Laurel assault and threat crimes lawyer is to leverage that experience to secure a dismissal, a downgrade, or an acquittal, ensuring that one mistake does not destroy your reputation and your future.
Understanding the Degrees of Assault and the Stakes Involved
In New Jersey, assault charges are categorized into “degrees” based on the severity of the injury, the status of the victim, and whether a weapon was involved. The difference between a few months in a county jail and a decade in a state prison often comes down to how the prosecutor chooses to “grade” your offense. Without an assault and threat crimes attorney in Mount Laurel, NJ, who understands the internal mechanics of a prosecutor’s office, you may find yourself facing overzealous charging that doesn’t reflect the reality of what happened.
The penalties for assault convictions in New Jersey are severe and strictly enforced:
- Second-degree aggravated assault: This is the most serious tier, carrying a potential sentence of five to ten years in New Jersey State Prison. Under the No Early Release Act (NERA), you must serve 85% of your sentence before becoming eligible for parole.
- Third-degree aggravated assault: Convictions here can lead to three to five years in prison and fines reaching $15,000. While there is a presumption of non-incarceration for first-time offenders in some third-degree cases, prosecutors often fight to overcome that presumption.
- Fourth-degree aggravated assault: Often involving the “reckless” use of a deadly weapon or pointing a firearm, this carries up to 18 months in prison.
- Simple assault (disorderly persons offense): While handled in Municipal Court, a conviction still results in a permanent criminal record, up to six months in jail, and significant fines.
The Advantage of a Former Prosecutor on Your Side
When the state is determining whether to pursue a second-degree charge or downgrade it to a third-degree offense, they are looking at the strength of their evidence. Having spent 25 years as a prosecutor, I know exactly what they are looking for, and I know where they often cut corners.
I don’t just review the police report; I analyze the case through the lens of the person trying to convict you. This “insider” perspective allows me to spot flaws in the state’s narrative, challenge the “seriousness” of the alleged injury, and negotiate from a position of strength. When your freedom is measured in years, you don’t just need a lawyer; you need a veteran trial attorney who has seen the view from both sides of the courtroom.
Knowledgeable Mount Laurel Assault and Threat Crimes Lawyer John B. Brennan Will Develop a Strong, Effective Legal Defense Strategy in Your Case
Because the penalties for assault and threat-related crimes are so severe, your defense cannot afford to be reactive. You need a strategy that begins the moment you are under investigation, not one that starts on the morning of your first court appearance. As a Certified Criminal Trial Attorney with over 30 years of experience, I don’t just wait for the state to present its case; I proactively dismantle it by identifying the procedural and evidentiary errors that often go unnoticed by less experienced counsel.
To maximize the potential for a favorable outcome, my approach to your defense includes:
- A “Prosecutor’s Eye” evidence review: I spent 25 years building cases for the state. I know exactly where police reports are often exaggerated and where forensic evidence is most vulnerable. I look for the gaps in the state’s narrative to create “reasonable doubt” before we even step into a courtroom.
- Challenging “intent” and “serious injury” claims: Many Aggravated Assault charges are “over-graded” by the state. I work to challenge the legal definition of the alleged injuries or the “intent” behind the action to seek a downgrade to a lesser offense or a full dismissal.
- Excluding illegally obtained evidence: Whether it is a statement made without a proper Miranda warning or physical evidence seized during an unlawful search, I aggressively move to have the state’s evidence suppressed when your constitutional rights have been violated.
- Credibility attacks on witnesses: In many assault and threat cases, the state’s entire case relies on a “he-said, she-said” scenario. I utilize my decades of trial experience to cross-examine witnesses and expose biases, inconsistencies, or motives to fabricate testimony.
- Navigating diversionary programs: For eligible clients, I explore every possible alternative to a criminal record, including Pre-Trial Intervention (PTI) or Conditional Dismissal, which can result in the complete removal of charges upon successful completion.
When you hire me, you aren’t just getting another assault and threat crimes attorney in Mount Laurel, NJ; you are getting a veteran of more than 100 felony trials who understands the Burlington County and South Jersey court systems from the inside out. I am not intimidated by the state’s resources because I have used those same resources myself. My goal is to use that experience to level the playing field, protect your reputation, and fight to keep your future intact.
Get Advice From An Experienced Criminal Defense Lawyer. All You Have To Do Is Call 856-446-5123 To Receive Your Free Case Evaluation.
Why Hire a Certified Criminal Trial Attorney for Your Case?
In New Jersey, the Supreme Court only grants the title of “Certified Criminal Trial Attorney” to a very small percentage of lawyers, currently less than 1% of all licensed attorneys in the state. To earn this distinction, an attorney must demonstrate a high level of experience in criminal trials, pass a rigorous examination, and receive favorable evaluations from judges and peers.
When you are facing high-stakes charges like aggravated assault or terroristic threats, the “Certified” designation means:
- Proven courtroom success: Your attorney has a documented history of taking complex cases to a jury and winning.
- A strategic advantage: Prosecutors know which defense lawyers are willing to go to trial and which ones will simply push for a plea. Being represented by a Certified Trial Attorney gives you immediate leverage in negotiations.
- A higher standard of knowledge: Certified attorneys are recognized as experts in the nuances of criminal law, evidence, and procedure.
Don’t leave your freedom to a general practitioner. For charges that carry mandatory prison time or a permanent criminal record, you deserve a defense led by a recognized advocate in the field.
Contact The Law Offices of John B. Brennan to Speak with a Seasoned Mount Laurel Assault and Threat Crimes Lawyer Today
If you or a loved one have been arrested and charged with assault, contact my office today to schedule a free initial consultation with a dedicated Mount Laurel assault and threat crimes lawyer to discuss your legal rights and options. Don’t leave your freedom and future to chance; allow me to fight to protect your interests and work to ensure you receive the best possible outcome in your case.
Frequently Asked Questions About Assault & Threat Crimes in New Jersey
Under New Jersey law, the crime of assault does not actually require you to injure someone. Instead, assault in New Jersey is defined as knowingly or recklessly causing or attempting to cause bodily injury to another, negligently causing bodily injury with a deadly weapon, or placing or attempting to place someone in fear of imminent bodily injury. Even pushing someone, though they don’t suffer any injury, may be sufficient to constitute assault, depending on the circumstances.
In New Jersey, the victim does not “own” the charges; the State does. While a victim’s desire to drop the case is influential, the decision ultimately rests with the prosecutor. If there is independent evidence, such as body camera footage, medical records, or other witnesses, a prosecutor may move forward even if the victim becomes uncooperative. This is where my experience as a former prosecutor is vital; I know how to demonstrate to the State when their case has become too weak to sustain a conviction without the victim’s testimony.
New Jersey law (N.J.S.A. 2C:3-4) allows you to use force to protect yourself, but it must be proportionate and immediately necessary. You cannot use deadly force if you can retreat with complete safety (the “Duty to Retreat”), unless you are in your own home (the “Castle Doctrine”). Proving self-defense requires a nuanced understanding of how to present evidence of a “reasonable belief” of harm. An experienced assault and threat crimes attorney in Mount Laurel, NJ, such as myself, can help you fight for your rights and prove you were merely defending yourself.
“Mutual combat” refers to a fight where both parties voluntarily agreed to participate. In New Jersey, this doesn’t make the act legal, but it can act as a “mitigating factor.” If we can prove the incident was a consensual scuffle, a simple assault charge (a Disorderly Persons offense) can be downgraded to a Petty Disorderly Persons offense, which carries significantly lower fines and a maximum of only 30 days in jail.
Most assault offenses are categorized as simple assault; if the assault arises due to a fight in which both or all parties are mutual aggressors, the simple assault is often categorized as a disorderly persons or petty disorderly persons offense. An assault may be upgraded to an aggravated assault when it involves recklessly causing injury to another person with a deadly weapon, purposely or attempting to purposely cause injury with a deadly weapon, or injury involving pointing a firearm at another person. Aggravated assaults may also be classified as such depending on the status of the victim of the assault (such as assaulting a police officer, first responder, or other public employee on duty).