Have You Been Arrested for Assault in Holmdel?
Regardless of whether you have been charged with simple assault, aggravated assault, assault with a deadly weapon, assault by auto or domestic violence assault in Holmdel, we strongly urge that you contact an experienced attorney as soon as possible. Holmdel Township, which is known as one of the more affluent towns in all of New Jersey, not just Monmouth County, sure does deal with its fair share of assault arrests. Assault is one of those hybrid offenses in New Jersey. Depending on numerous factors, including the type of injury suffered, whether or not a weapon was used and the “status” of the alleged victim, assault charges can either be considered a disorderly persons offense (misdemeanor) or an indictable offense (felony).
In addition, depending the individual’s relationship with the alleged victim, the victim could seek additional protection in the form of a temporary restraining order (TRO). A TRO is separate and apart from the underlying criminal charges and will need to be litigated in the Chancery Division, Family Part of the Monmouth County Superior Court. Furthermore, if the assault charges are classified as an “act of domestic violence” or if the charges are serious enough, the individual could be hauled off the Monmouth County Jail and be facing a Detention Hearing. At this hearing the prosecution would be seeking to convince the Judge that the individual must be detained in the county jail, without bail, pending trial. As you can see, assault charges are anything but straightforward. If you would like to speak to one of our Holmdel assault defense attorneys today about your options, then please contact our office, which is located just a few miles away from the Holmdel Municipal Court at 732-858-6959. Now here is some more information on simple assault charges in Holmdel.
Need a Local Lawyer for Simple Assault Charge in Holmdel
Simple assault, which is governed by NJSA 2C:12-1a, is by far one of the more frequent criminal charges issued in Holmdel. Although it is the lowest level assault charge under the New Jersey criminal code, the penalties if convicted can be crippling. In most instances, simple assault is considered a disorderly person offense, which is New Jersey’s version of a misdemeanor. If convicted, the individual will be facing up to six months in the Monmouth County Jail, a fine up to $1,000 and a criminal record. In order to be convicted of simple assault, the prosecution must prove that one of the following occurred:
- That the Defendant attempted to cause or purposely, knowingly or recklessly caused bodily injury to the victim; or
- That the Defendant negligently caused bodily injury to victim with a deadly weapon; or
- That the Defendant attempted by physical menace to put the victim in fear of imminent serious bodily injury.
All simple assault charges that occur in the Holmdel Township will be litigated in the Holmdel Municipal Court, which is located at 4 Crawfords Road. Court will be held every Monday and Wednesday at 9 and 10 am. For more information on simple assault charges, including possible defenses, please click the link.
Charged with Aggravated Assault in Holmdel NJ?
All aggravated assault charges are considered indictable offenses in New Jersey. That means that anyone arrested for aggravated assault, assault by auto or assault with a deadly weapon will be forced to litigate their charges in the Monmouth County Superior Court which is located in Freehold as opposed to the Holmdel Municipal Court. Aggravated assault charges can either be considered a second, third or fourth degree indictable offense. For the most part, the type of injury suffered and the “status” (i.e. police officer, EMS, teacher) will dictate the degree of the offense. The difference between the potential penalties for a second degree and a fourth degree aggravated assault charge are life changing. A conviction for a second degree aggravated assault charge could land the individual behind bars for up to a decade. For more information on aggravated assault charges in Holmdel Township, including possible defenses and applicable penalties for each degree, please click the link.
How to Defend an Assault Charge in Holmdel Township
Most domestic violence assault cases will boil down to a he-said-she-said type of incident. That is because most of these incidents do not have any independent witnesses. In these types of situations it is crucial to break down and seek to discredit the alleged victim’s versions of events. Whether it be pointing out inconsistencies within their statement or establishing how their version of events could not have occurred the way they claimed. When it comes to other assault cases, like bar fights, it is crucial to seek out any independent witnesses and try and get statements from them as to what they witnessed. One key way to do this is to seek the assistance of a Private Investigator.
Served with a Temporary Restraining Order in Holmdel
If the incident is classified as an act of domestic violence, then the victim will have the right to seek a Temporary Restraining Order in addition to the filing of criminal assault charges. If that occurs, the Defendant will then have to defend themselves at a Final Restraining Order hearing as well. As mention above, this hearing is separate and apart from the criminal charges and the consequences of the imposition of a final restraining order can be devastating. For more information on restraining orders in Monmouth County, including how to defend them, please click the link.
Can the Police Seize My Firearms for an Assault Case?
If the incident in question is classified as an “act of domestic violence” pursuant to New Jersey’s Domestic Violence Prevention Act and the individual is ultimately convicted of the assault charge, regardless of whether it is a simple assault or aggravated assault they will be required to forfeit their second amendment rights. Any and all weapons possessed prior to the conviction must be seized. The individual will have the ability to sell the weapons to an authorized firearms dealer in order to not lose the economic value of the weapons. In addition, if a final restraining order is entered as well that would require the forfeiture of the weapons as well. For more information on weapons forfeiture hearings in New Jersey, please click the link.
How do I Find an Attorney for Holmdel Simple Assault Charges
As you can see from above, assault charges are anything but straightforward in New Jersey and because of their nature, they tend to be aggressively prosecuted. If you or a loved one has unfortunately found yourself in this type of situation, we strongly urge that you contact an attorney who not only experience dealing with these types of charges, but one that is familiar with the Holmdel Municipal Court as well. If you would like to set up a free initial consultation with one of the attorneys at Keith Oliver Criminal Law, then please contact us directly at 732-858-6959 or you can contact us online. One of our attorneys would be glad to go over the specific facts of your case and formulate a game plan that works best to suit your needs. Our office is located just a few miles down the road from the Holmdel Municipal Court, so if you have any questions whatsoever, please do not hesitate to contact us.