In West Windsor, Mercer County, and all of New Jersey, simple assault is a disorderly persons offense, unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons (“PDP”) offense. Disorderly persons (“DP”) offenses are not indictable offenses and, therefore, handled at the municipal court level. DP offenses are punishable by a maximum fine of $1,000 and/or a maximum of 180 days imprisonment. PDP offenses are punishable by a maximum fine of $500 and/or a maximum of 30 days imprisonment. It is important to know that any term of imprisonment imposed as part of a sentence for either a DP or PDP offense will be served at a county correctional facility (i.e. jail); not a state facility (i.e. prison).Aggravated assault, on the other hand, is a crime of either the second, third, or fourth degree, depending on the underlying circumstances of the alleged conduct. Regardless of the degree, however, all offenses of aggravated assault are indictable. As such, all persons charged with aggravated assault have a constitutional right to have their case presented to the Grand Jury and subsequently handled at the superior court level. If second degree, the offense is punishable by a maximum $150,000 fine and/or term of imprisonment between 5 to 10 years. If third degree, the offense is punishable by a maximum $15,000 fine and/or term of imprisonment between 3 to 5 years. If fourth degree, the offense is punishable by a maximum $10,000 fine and/or maximum of 18 months imprisonment.Defending against assault charges in New Jersey should not be taken lightly, because either a conviction or guilty plea will adversely affect your criminal case history (i.e. “jacket”) and, in some instances, subject you to significant fines, deportation, rejected U.S. citizenship, and/or a term of imprisonment. Upon retaining this firm, we will review your case, conduct our own investigation, and determine the strength of all applicable defenses, such as mistaken identification, duress, and self-defense. Should your matter be unsuitable for either voluntary dismissal, a diversionary program, or a favorable plea bargain, we will zealously defend your freedom at a jury trial, wherein the State must meet its extremely high burden of proving guilt of each element of the offense beyond a reasonable doubt.
Are you looking to get justice in a Mercer County for your assault charges? Contact me, John W. Hartmann, Esq., by calling 609-897-1111 or
send an email through our secure online form. I am right here in West Windsor and I offer a free consultation.