Possible Defenses for Assault Charges

May 13, 2021

Assault Charge Defenses

Assault charges in New Jersey can lead to harsh consequences, including up to 10 years in jail and legal fines of up to $150,000. If you are dealing with assault charges, it is important to reach out to a criminal defense lawyer as soon as possible to find out what possible defenses may be available to you. 

What Is Assault?

Each state classifies assault differently. New Jersey considers assault to occur when a person threatens another person with bodily harm. 

New Jersey criminal assault charges can vary in type. Some cases of assault may be referred to as simple assault. However, this only covers basic assault cases. While a simple assault may be a disorderly persons offense in New Jersey, more severe injuries or behaviors of harm can be charged higher, like aggravated assault.

Assault Defenses

The most important reason to contact a criminal defense lawyer is to begin building your defense. Even if your charges cannot be dropped, there may be room for reducing them, which could lead to less or no jail time and lower legal fees. These are a few of the legal defenses potentially available:

  • Self-defense: If you were acting out of fear for your safety and well-being, it may be considered self-defense. If you were in a position in which a threat of unlawful force or danger was perceived, you may qualify for this defense. While self-defense doesn’t necessarily remove all charges, it does give us room for plea deals.
  • Defense of others: The same factors that could qualify as self-defense could also be true if you were defending others.
  • Defense of property: If you were defending your property, it may also be used as a type of defense. However, this law varies from state to state. New Jersey does not allow people to use deadly force when defending property but may allow certain behaviors to prevent theft or criminal interference.
  • Consent: While less common, consent is also used as a defense. If there is proof that the injured person gave prior consent and that the behaviors did not go beyond that consent, it may be considered a defense.

Each type of defense must meet certain factors, and without these, is unlikely to be considered in your case. For this reason, it is important to work with a lawyer who understands New Jersey criminal law. Your defense lawyer can evaluate the details of your case, uncovering proof of evidence of criminal assault behaviors.

Contact a Criminal Defense Lawyer Today

It is not always easy to navigate a criminal case. With the possibility of jail time and hundreds of thousands of dollars in fines, you can’t afford to choose just any lawyer; you need to choose a lawyer who is familiar with assault laws, but one that also frequently works in the New Jersey criminal court system. You need a lawyer who will stay by your side, fighting to protect your legal rights.

Contact an Experienced Marlton Criminal Defense Lawyer About Your Assault Charges in New Jersey

Were you arrested or charged with assault in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The Law Office of John B. Brennan has successfully represented clients charged with assault in Marlton, Cherry Hill, Mt. Laurel, Moorestown, and throughout New Jersey. Call (856) 988-5443 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 10,000 Lincoln Dr. East, Suite 201, Marlton, NJ 08053.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere.