My Juvenile Child is Facing an Assault Charge in Freehold NJ
Has your child been taking into custody and charged a juvenile delinquent complaint for assault? Was it for simple assault? Aggravated Assault? Assault with a Deadly Weapon? Assault by Auto? If so, it is crucial to speak to an experienced Monmouth County juvenile criminal defense lawyer as soon as possible about your options. When it comes to juvenile criminal matters things can become confusing quickly. Just trying to figure out where your child needs to appear to defend the allegations can be overwhelming. In addition, it is no secret that the New Jersey juvenile criminal justice system operates completely differently than the adult criminal justice system. Although the overarching theme behind the juvenile criminal justice system is to rehabilitate the juvenile and help them receive the treatment that they need, that can quickly change to a more punitive approach if the allegations are serious enough. If you have unfortunately found yourself in this type of situation with your underage child and would like to speak to one of our Monmouth County juvenile assault defense attorneys today, please contact our Middletown office at (732)-858-6959. We serve minors facing criminal charges in all of Monmouth County, including towns like Howell, Holmdel, Middletown, Ocean Township, Wall Township, Manalapan, Marlboro, Keyport, Englishtown and Freehold. As one could imagine, the ramifications of being adjudicated as a delinquent (convicted) can have a significant affect on their future. So, if you have any questions whatsoever, please do not hesitate to contact us. Now here is some information on juvenile assault charges.
What to Know about Juvenile Assault Charges in Monmouth County NJ
The two most common juvenile assault charges we see being issued in Monmouth County include simple assault and aggravated assault. Simple assault is considered a disorderly person’s offense (misdemeanor) whereby aggravated assault is considered an indictable offense (felony). For the most part, the type of injury caused or attempted to be caused will dictate what type of assault charge the juvenile faces. With that being said, if juvenile commits what would otherwise amount to a simple assault but the victim is classified as a “protected party” i.e. a police officer or a teacher then the charges will be elevated to an aggravated assault. Unlike the adult criminal justice system, regardless of the charge, the case will be transferred to the Monmouth County Superior Court, Family Division for disposition.
What Type of Hearing will My Juvenile Child Receive for an Assault Charge in Freehold?
When it comes to the Juvenile Criminal Justice System in New Jersey there are really four different types of proceedings that a juvenile could be forced to litigate their assault charges in. The severity of the allegations and the juvenile’s past contacts with the system will be the two main factors that determine what type of proceeding the juvenile is scheduled for. Here is a list of the potential proceedings.
- Juvenile Conference Committee
- Juvenile Intake Service
- Juvenile Referee Hearing
- Juvenile Judge
In order to be scheduled for one of the first three proceeding the Juvenile must only be charged with a disorderly persons offense or a fourth degree indictable offense. A juvenile facing a second or third degree aggravated assault charge must have their case litigated in a formal proceeding before a Superior Court Family Division Judge.
How Serious is Being Adjudicated as a Delinquent for an Assault Charge in NJ?
The potential sentence that a juvenile would receive for being adjudicated as a delinquent for an assault charge can really vary. Here is a list of some of the most common requirements that we see being imposed in Monmouth County:
- Apology Letter
- Community Service
- Anger Management
- Mental Health Counseling
- Drug and Alcohol Counseling
- Restitution to the Victim
Can a Juvenile Receive a Deferred Disposition for an Assault Charge in New Jersey?
Depending on the juvenile prior criminal history and the specific allegations that surround the charge(s), a juvenile facing an assault charge could be granted a deferred disposition. A deferred disposition is in essence a form of probation but one special caveat. That caveat being that if the Juvenile completes the term of probation without violating any of the terms imposed by the Judge and they complete any conditions imposed upon them, then they can see the charges dismissed at the end. It goes without saying how beneficial this program could be for a juvenile who is just about to embark on their adult life. For more information on what a deferred disposition is in New Jersey, please click the above link.
Can a Juvenile Assault Case be Waived from Juvenile Court to Adult Court in NJ?
Yes, it is possible for a juvenile to have their juvenile criminal delinquent complaint for assault be waived up and prosecuted in adult court. With that being said, it would be rare to see the prosecution take just drastic measures. The facts behind the assault would have to be very egregious for them to take such action. It is also important to note that if such a motion is filed it is not automatic and they must be contested. For more information on what the prosecution must prove in order to secure a juvenile waiver in New Jersey, please view our dedicated discussion on the topic by clicking the link above.
Speak to a Local Freehold Juvenile Assault Charge Defense Attorney Today
If your child has been charged with assault, terroristic threats, stalking, harassment, unlawful possession of a weapon or any other offense for that matter and are scheduled to appear in Monmouth County Superior Court, we can help. Keith Oliver Criminal Law is a Monmouth County based criminal defense firm committed to defending juveniles and adults facing the detrimental impacts and overwhelming processes involved in criminal prosecution in New Jersey. Our attorneys have a firm understanding as well as a tremendous amount of experience when it comes to dealing with the juvenile criminal justice system. To set up a free initial consultation today, please contact our Middletown office at (732)-858-6959. Mr. Oliver, who heads up our Monmouth County practice will be more than willing to sit down with you and your family and go over all your options. We serve all of Monmouth County, including but not limited too: Asbury Park, Long Branch, Atlantic Highlands, Hazlet, Tinton Falls, Belmar, Millstone and Colts Neck.