New Brunswick Assault and Battery Defense Lawyer

New Jersey attorney represents defendants accused of physical attacks

If you are charged with assault or battery, you may be facing prison time. You need an attorney who is determined and serious about fighting for you, one with the experience and knowledge to succeed. At the Law Offices of Eric B. Morrell, I am a New Brunswick assault and battery defense lawyer who represents individuals at every phase of the New Jersey criminal justice process. I am a strong advocate for the rights of defendants charged with violent crimes and will seek the best possible outcome under the facts of your case.

When can someone be charged with assault and battery?

Generally, assault is the threat of violence, while battery is any violent or unwanted touching. These charges vary by state, and the names of the two crimes are often used interchangeably. In some states, they are not considered separate offenses. In New Jersey, actions such as hitting, kicking, punching or pushing are considered to be assaults. Many other actions, such as grabbing or spitting, can also lead to these charges. New Jersey has an assault-by-auto statute that criminalizes injuries caused by the reckless operation of a car, truck or boat. I represent clients accused of any such charges.

Types of assault charges in New Jersey

New Jersey law defines simple and aggravated assault. Simple assault is usually a disorderly persons offense but can be downgraded to a petty disorderly persons offense if the alleged perpetrator and victim had mutually agreed to a fight. 

Aggravated assault charges can be triggered by any of the following:

• An attempt to cause serious bodily injury
• Use of a deadly weapon
• Assaulting a law enforcement officer, firefighter or emergency medical worker in the performance of their duties
• Assaulting a teacher, school bus driver or any other employee of a public or private school
• A demonstrated “extreme indifference” to human life

Aggravated assault is an indictable crime, which is akin to a felony in other states. 

Legal consequences of an assault and battery charge in New Jersey

A simple assault conviction carries a top sentence of six months in jail and a fine of up to $1,000. In many of these cases, incarceration can be avoided, particularly if the accused is a first offender. Probation, community service or a suspended sentence are possible alternatives to time behind bars. 

The highest aggravated assault charge is a second-degree count, which can be brought in cases involving serious bodily injury. Defendants could face imprisonment for between five and 10 years, as well as possible related conviction on gun charges or other allegations. Some cases are categorized as aggravated assault because the victim is in a specially protected class. They are third-degree indictable offenses, which can lead to prison terms of three to five years. Fourth-degree assault can be brought when someone is hurt due to the purportedly reckless operation of a car or other vehicle. It carries a possible term of 12 to 18 months in prison.

Steps our New Brunswick attorney will take to defend assault and battery cases

As a seasoned New Brunswick criminal defense attorney, I won’t back down when authorities make unfounded allegations or try to push my clients into a deal that is against their best interests. I will go beyond the police reports to find out what precipitated the incident in question and will use evidence such as witness testimony and video footage to expose weaknesses in the prosecution’s case. I am not there to shake hands and save time by cutting a deal. I make every legal effort to secure justice for you. 

Common defense strategies used in assault and battery cases

Assaults can occur for several reasons. Many assault or battery charges stem from simple fights. In these cases, I work to show that you were acting in self-defense and are not a violent criminal. Other assaults are gang-related or occur in conjunction with other crimes such as robbery. Assaults of a sexual nature are treated differently. In all cases, I present a strong defense in an attempt to preserve your freedom.

Contact an accomplished New Jersey criminal defense lawyer for a free consultation

The Law Offices of Eric B. Morrell in New Brunswick represents clients throughout Middlesex, Somerset and Union counties in a wide range of criminal defense matters. If you face assault or battery charges, you need a strong defense from an experienced attorney. Please call 908-768-3837 or contact me online for your complimentary consultation.