Monmouth County Assault Defense Attorney

When you’re arrested for assault in New Jersey, it can feel like the system is stacked against you. Prosecutors are already building their case, and the consequences of a conviction can be serious. What you need most is someone in your corner who knows how to protect you and won’t back down.

Criminal defense lawyer Kristen Epifania is committed to being that advocate. We don’t just handle your case—we’ll listen to your concerns, explain the process clearly, and stand by you every step of the way.

With nearly ten years of experience in criminal defense and insight from both sides of the courtroom, Kristen Epifania has what it takes to build an aggressive defense for your case. Contact us for a free consultation.

Real Case Outcomes:

Dismissal Secured in Union County Assault Case

In this domestic violence matter, the victim alleged that the defendant caused bodily injury by striking the victim in the neck, torso, and face, resulting in bruising and swelling. Following a thorough investigation of the facts and negotiations with the municipal prosecutor, the case against our client was dismissed and later expunged from the client’s record.

Dismissal Secured in Middlesex County Assault Case

In this domestic violence matter, the victim alleged that the defendant caused bodily injury by utilizing pepper spray in the victim’s face. Though corroborating evidence including photographs and incriminating statements were presented by the prosecution, a dismissal was secured and the case against our client was expunged from the client’s record.

Assault (N.J.S.A. 2C:12-1(a))

A person is guilty of assault if the person:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

In most cases, simple assault is charged as a disorderly persons offense. However, if the assault arises from a consensual fight or scuffle, it may be treated as a petty disorderly persons offense.

Penalties

• Disorderly persons offense: Up to 6 months in county jail and/or up to a $1,000 fine.
• Petty disorderly persons offense: Up to 30 days in jail and/or up to a $500 fine.

Aggravated Assault (N.J.S.A. 2C:12-1(b))

A person can be found guilty of aggravated assault under a number of circumstances. In New Jersey, the elements of aggravated assault are met if a person:

(1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) Recklessly causes bodily injury to another with a deadly weapon; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes it to be loaded; or

(5) Commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section upon certain protected persons, such as law enforcement officers, firefighters, emergency medical personnel, and healthcare workers, while those individuals are engaged in the performance of their official duties.

Penalties

Aggravated assault penalties depend on the conduct, the injury caused, and whether a weapon or a protected victim is involved.

• Fourth-degree crime: Up to 18 months in state prison and up to a $10,000 fine.
• Third-degree crime: 3–5 years in state prison and up to a $15,000 fine.
• Second-degree crime: 5–10 years in state prison and up to a $150,000 fine.

Assault by Auto or Vessel (N.J.S.A. 2C:12-1(c))

Assault by auto or vessel happens when someone causes a bodily injury to another person by driving a vehicle or vessel recklessly.

The degree of the offense depends on the specific circumstances, such as the severity of the injury, whether the driver was intoxicated, whether the offense occurred in a school zone, or whether the driver had prior convictions.

Domestic Violence Context

When an assault (or another listed crime) is qualified as an act of domestic violence under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., those charged may not only face the criminal penalties for the underlying offense, but additional consequences as well. These may include the issuance of a restraining order, restrictions or loss of child custody or visitation rights, and mandatory participation in a batterer’s intervention program or anger management.

Municipal Court vs. Indictable Assault Charges in New Jersey

In New Jersey, assault charges can be heard in either municipal court or superior court, depending on the severity of the alleged offense.

• Simple assault is often a disorderly persons offense and is handled in municipal court.
• Aggravated assault is an indictable offense—similar to what other states call a felony—and is handled in superior court.
• Assault by Auto or Vessel (N.J.S.A. 2C:12-1(c)) can be charged as a disorderly persons offense or as an indictable crime, depending on the circumstances of the offense. More serious cases can result in third- or second-degree charges.

Assault Charges Defenses

Facing an assault charge is never easy, but it’s important to remember that you have rights. One of the most crucial rights is the right to a defense. We provide a strategic defense for each of our clients. These could include:

Self-Defense: If a person were protecting themselves from harm, it may be possible that their actions were justified as self-defense.

Defense of Others: Similarly, if a person were defending someone else from immediate danger, this could also form the basis of a defense.

Mistaken Identity: If there are questions about whether the accused was the person who committed the alleged assault, it is possible to challenge the reliability of eyewitness identifications or other evidence linking them to the crime.

Contact Us For a Free Consultation

When facing criminal charges like assault or aggravated assault, time is of the essence. The sooner you get an experienced criminal defense lawyer on your side, the better your chances of a favorable outcome.

At The Law Office of Kristen Epifania, LLC, we offer free consultations to help you understand your rights and options. Remember, a charge is not a conviction. You have rights and we’re here to protect them. With Kristen Epifania as your defense attorney, you will have a legal professional who knows how to challenge the prosecution’s case. Contact us for a free consultation.