Choose An Experienced Passaic County Assault Attorney To Fight For You
Last updated on May 30, 2025
Facing assault charges in New Jersey means you are likely anxious about your future and rightfully so. A mere accusation could impact your job and relationships – and a conviction will almost certainly multiply your hardships.
Our founding attorney, Alfred V. Acquaviva, is a Passaic County assault attorney who once served as a prosecutor. At Acquaviva Law Offices, LLC, our team stands ready to use the insights he gained from this experience to relentlessly defend you against assault charges in New Jersey.
New Jersey Assault Laws Are Extremely Complicated
Assault is a violent offense in criminal law, even with minimal contact, with courts prioritizing punishment and deterrence. As a result, judges sentence those convicted of certain assault charges harshly.
Simple Assault
Simple assault with minor injury is the least severe charge, but it can still lead to fines and possible jail time. Here are some details about more serious assault charges in Passaic County.
Typically, simple assault will be charged as a misdemeanor crime under New Jersey law. There is a maximum fine of $1,000, and someone who is convicted could face up to six months in jail. That said, these are still charges that you need to take very seriously, so it’s often wise to have a Passaic County assault lawyer for a simple assault charge. A conviction could have a major impact on your life. For instance, even a short jail term could mean that you lose your job and have no source of income when you get out, so there’s a major financial impact to consider.
Aggravated Assault
Aggravated assault encompasses a broader range of scenarios than just causing injury. It can apply when someone commits a simple assault involving these factors:
- With reckless disregard for human life
- With a deadly weapon
- Against public servants like police officers or firefighters
- When it causes a permanent injury or involves kidnapping or carjacking
New Jersey also has an assault by auto or vessel law that can lead to minor or severe charges, depending on the details of the incident.
An aggravated assault is taken more seriously by the law, as it generally leads to serious bodily injury or involves the use of a deadly weapon, such as a knife or a firearm. This can be a second-degree offense in New Jersey and the maximum fine is $150,000. A conviction could also lead to a prison term between five and 10 years. Because these ramifications are so serious and because felony charges can stay on a person’s record for the rest of their life, it is very important to understand exactly what legal steps to take when facing such allegations. Any assault charge is serious, but aggravated assault can be life-altering.
Will An Assault Conviction Show Up On A Background Check?
Yes, a conviction on misdemeanor assault charges can still show up on your background check, just like a conviction on felony charges. The sentence you face may be less severe, but either charge could appear on your record if you are seeking employment or have another interaction with law enforcement in the future.
In many cases, these details will stay on your record for the rest of your life. That’s why it’s so important to work with a lawyer who knows what legal options you have. Avoiding a conviction can be helpful for your record moving forward, but there are also options like sealing or expunging the record, even if a conviction has already been made.
Can You Have An Assault Conviction Expunged Or Sealed?
Yes, you can sometimes have the records sealed or expunged. But it’s important to know exactly how this works. For instance, you have to serve your entire sentence, pay any fines and take other steps mandated by the court, such as completing parole. Additionally, there’s often a five-year wait. You can’t have your record expunged immediately. But if the court sees that it has already been five years and you haven’t had any other criminal convictions in that time, then they may authorize the expungement.
An experienced lawyer can help you navigate this process, adhere to any guidelines and understand what options you have moving forward. Expungement is often a good step to take to get your life back on track, so it can help to work with an experienced assault lawyer.
How Long Does An Assault Charge Stay On Your Record?
As noted above, the charge can stay on your record for life unless it is expunged, which means that it won’t show up on background checks.
The Benefit Of An Experienced Attorney
Assault charges are serious offenses. It is important to hire an assault charges lawyer who is experienced and can help identify potential defenses. Even with a conviction, they can help you plan to minimize criminal penalties. An attorney can provide critical legal advice while creating a defense strategy for pending charges of assault or domestic violence, and they can also provide crucial information about the trial process, criminal law in general, and violent crimes in particular. At Acquaviva Law Offices, LLC, our attorneys will help you every step of the way.
Mitigating Factors
Even in a situation where you admit that you were involved in the alleged assault, there can still be mitigating factors that impact your case. These could be used as defense tactics or simply used to reduce the charges.
One example is consent. Perhaps you claim that the other person allowed for that behavior or even requested it. They may have suffered injuries, but the two of you were involved in a consensual encounter at the time.
Another example is self-defense. You are often allowed to use physical force to defend yourself or others as long as you have a legal right to do so and you are not the aggressor. Claims of self-defense may sometimes help get the assault charges dropped.
Criminal Penalties May Differ
The records you have at the time of arrest can have an impact on your potential penalties or sentences. These could differ significantly for a first-time offender compared to how they would be applied to someone with an extensive criminal record.
For instance, the judge often has the ability to decide if you should serve time in jail or have to pay a fine. But they also have the ability to apply both penalties. Someone who has an extensive record may be more likely to get the maximum jail term, the maximum fine or a combination of both. If it is a first offense, however, you may be more likely to get the minimum sentence.
A Skilled Assault Lawyer Can Help Turn The Tide
The New Jersey criminal justice system can be complex. Not understanding even one critical legal term or court appearance could undermine your defense substantially. We will help you understand every element of your case, ensuring that you make informed decisions.
Call Our Experienced Passaic County Assault Lawyer To Discuss Your Case For Free
Contact us at 973-869-5805 or by email to arrange your free consultation. Our Passaic County criminal law team at Acquaviva Law Offices, LLC, will leave no stone unturned in our quest to minimize your situation and protect your future.