New Jersey Simple Assault Lawyer

Simple Assault Defense Attorney in Totowa, NJ, Providing Skilled Defense Against Misdemeanor Charges

A simple assault charge in New Jersey can turn your life upside down fast. Maybe it was a misunderstanding, an argument that got out of control, or a false accusation.

Suddenly, you’re facing criminal charges, court dates, and the fear of a permanent record. Our New Jersey simple assault lawyer understands how overwhelming this feels, and we’ve helped many people in the exact situation you’re in now.

What most people don’t realize is that simple assault can still mean fines, probation, and even jail time. These cases often depend on conflicting stories.

You deserve a defense team that digs into every detail, challenges assumptions, and makes sure your side of the story is heard. Contact us today for a free consultation, and let’s start protecting your future.

Understanding Simple Assault Charges in New Jersey

New Jersey law divides assault into three distinct categories. Understanding which one applies to your situation determines everything from the penalties you face to the defense strategies that might work.

What Is Simple Assault in New Jersey?

Simple assault happens when someone attempts to cause bodily injury to another person, or actually causes that injury, or uses physical menace to put someone in fear of immediate bodily injury.

This is the least serious assault charge in New Jersey. You'll typically face simple assault charges:

• After a fistfight
• A domestic argument that turned physical
• A confrontation where you threatened someone in a way that made them genuinely fear getting hurt

The word here is "bodily injury," not serious bodily injury.

We're talking about bruises, scratches, minor cuts, or even just the threat of harm. A push that causes someone to stumble. A slap during an argument. These actions can land you with simple assault charges.

Simple assault is usually classified as a disorderly persons offense.

What Is Aggravated Assault in New Jersey?

Aggravated assault is a step up in severity. This charge applies when someone causes serious bodily injury to another person or when the assault happens under specific circumstances that make it more dangerous.

Serious bodily injury means:

• Permanent disfigurement
• Permanent loss of function
• A substantial risk of death
• A broken jaw that requires surgery.

A knife wound that causes permanent scarring. An attack that puts someone in the hospital for weeks.

You can also face aggravated assault charges if you commit simple assault against certain protected groups:

• Police officers
• Teachers
• Healthcare workers
• Judges

Using a deadly weapon during an assault automatically elevates the charge to aggravated assault. A baseball bat. A bottle. A knife.

What Is Assault by Auto in New Jersey?

Assault by auto occurs when someone drives recklessly and causes bodily injury to another person.

Prosecutors must prove you were driving in a way that showed complete disregard for the safety of others.

• Weaving through traffic at high speeds. Running red lights. Driving under the influence and hitting a pedestrian. Road rage that leads to ramming another vehicle.

The severity of assault by auto charges depends on the extent of the injuries and whether you were driving under the influence. Causing serious bodily injury while drunk elevates this to a more serious crime with harsher penalties.

When Does a Simple Assault Get Upgraded to Aggravated Assault?

The line between simple and aggravated assault comes down to three factors:

• Who you hurt
• How badly you hurt them
• What you used to hurt them.

A punch during a bar fight stays simple assault if the other person walks away with a black eye. But if that same punch fractures their orbital bone and requires reconstructive surgery, prosecutors will charge you with aggravated assault.

If you shove someone during an argument, that's simple assault. But if you shove a police officer who's trying to break up the fight, the charge becomes aggravated assault.

Penalties for Assault Charges in New Jersey

The consequences of an assault conviction depend entirely on which charge you're facing.

Penalties for Simple Assault

Simple assault as a disorderly persons offense carries:

• Up to 6 months in county jail
• Fines up to $1,000
• Probation
• Anger management classes

Penalties for Aggravated Assault

Aggravated assault penalties escalate dramatically based on the degree of the crime.

Second-degree aggravated assault (the most serious) carries:

• 5 to 10 years in state prison
• Fines up to $150,000

85% of the sentence must be served before parole eligibility under the No Early Release Act.

Third-degree aggravated assault includes:

• 3 to 5 years in state prison
• Fines up to $15,000
• Potential probation for first-time offenders

Fourth-degree aggravated assault (the least serious aggravated charge) means:

• Up to 18 months in state prison
• Fines up to $10,000
• Strong possibility of probation for first offenders

Penalties for Assault by Auto

Assault by auto penalties vary based on whether serious bodily injury occurred and whether you were driving under the influence.

Fourth-degree assault by auto (without serious injury, not DUI):

• Up to 18 months in prison
• Fines up to $10,000
• License suspension

Third-degree assault by auto (serious bodily injury or DUI with any injury):

• 3 to 5 years in prison
• Fines up to $15,000
• Extended license suspension

These penalties can be severe. The difference between walking away with probation and spending years in state prison often comes down to the quality of your defense. Speak with our New Jersey simple assault lawyer to understand how we can help get your charges reduced or dismissed.

• ★★★★★

  “Great attorney to hire he took care of my expungement for a very reasonable price he was quick efficient very honest and easy to work with. He was referred to me by a family member anyone looking for a good lawyer that's honest and trustworthy I would recommend Camili & Capo.”

  Josephen “Thod” Moslieha
• ★★★★★

  “Mr K. Camili great attorney and very professional. All cases was dismissed and great communication with him and his staff. I would recommend him 5 stars.”

  Makaela Diaz

How Our New Jersey Simple Assault Lawyer Can Defend You

Every assault case has unique facts.

What happened before the incident? Who threw the first punch? Were there witnesses? Did the alleged victim exaggerate their injuries?

Your specific circumstances determine which defense strategies will work.

After handling hundreds of assault charges, here are the common defenses our New Jersey assault charge attorneys can use to make prosecutors struggle.

Challenging False Accusations or Exaggerated Claims

False assault allegations happen constantly in disputes and custody battles.

An angry ex-partner fabricates injuries to gain leverage in a divorce. Someone in a bar fight lies about who started the confrontation to avoid their own charges.

We investigate these claims thoroughly. We pull medical records to verify whether the injuries match the story. We interview witnesses who saw what actually happened. We examine text messages and social media posts that contradict the alleged victim's timeline.

Exaggerated injury claims fall apart under scrutiny. Someone claims they suffered serious bodily injury, but the medical records show they refused treatment at the scene and never saw a doctor. Or they claim a broken nose, but photos from two days later show no bruising or swelling.

Our simple assault defense attorney in Totowa, NJ, makes prosecutors prove every element of their case. If they can't, the charges don't stick.

Arguing Self-Defense or Defense of Another

People always want to know: Does it matter that he hit me first?

Yes. It matters tremendously.

New Jersey law allows you to use reasonable force to protect yourself from imminent harm. If someone attacks you, you have the right to defend yourself. The force you use must be proportional to the threat you face, but you're not required to retreat or take a beating.

Self-defense cases turn on timing and proportionality.

If someone swings at you and you block the punch and push them away, that's self-defense.

If they swing at you, miss, walk away, and you chase them down and hit them, that's no longer self-defense. That's retaliation.

We build self-defense cases by establishing who the aggressor was. Security camera footage from a bar or apartment building. Witness statements from people who saw the other person threaten you first. Injuries on your body that prove you were defending yourself, not attacking.

Proving Lack of Intent or Accidental Contact

Not every physical contact is assault. The law requires intent. You must have purposely tried to hurt someone or acted recklessly, knowing injury was likely.

Accidents happen. You're walking through a crowded bar, someone bumps you from behind. You turn quickly and accidentally elbow someone in the face. That's not assault. There's no intent.

We've defended clients charged with assault after incidents that were clearly accidental.

A father playing with his kids in a park accidentally knocked over another child. A woman, gesturing during a heated conversation, accidentally struck someone standing too close.

Prosecutors must prove beyond a reasonable doubt that you intended to cause injury or acted with reckless disregard. When we can show the contact was genuinely accidental, the charges fail.

Discuss your case with us and learn exactly how we can help.

Why Choose Camili & Capo, PA for Your Assault Case?

Our partner, Krenar Camili, grew up understanding that nothing comes easy.

He was the first person in his family to attend law school. No connections, no blueprint to follow—just determination to figure it out himself. That experience shaped how he practices law today.

He worked as an Assistant Prosecutor in New Jersey for over seven years before founding this firm. During that time, he tried countless assault cases. He knows exactly how prosecutors build these cases, which evidence they rely on, and where their cases fall apart.

He was consistently recognized as one of the most successful Assistant Prosecutors in the county because he understood what it took to win.

Before prosecution, he clerked for the Honorable Raymond A. Reddin, J.S.C. of the Passaic County Superior Court. He's seen assault cases from every angle:

• As a clerk
• As a prosecutor
• Now as a defense attorney.

That prosecutor background matters because Krenar knows their playbook. He knows the shortcuts they take, the assumptions they make, and the pressure points that make them reconsider weak cases. When prosecutors recognize they're facing someone who truly understands their tactics, they approach negotiations differently.

Our other partner, Joseph Capo, brings the same intensity to protecting people's rights. He appears regularly in federal, state, and local courts throughout New Jersey. He believes the same thing Krenar does, the work we do defines someone's future.

Together, they have over 35 years of combined experience.

We've handled hundreds of assault cases. We know which defenses work and which ones waste time. We know when to push for dismissal and when to negotiate a favorable plea. We know how to protect your rights at every stage.

Discuss your case with our New Jersey simple assault lawyer. We can help you.

Contact Our New Jersey Simple Assault Lawyer at Camili & Capo, PA, Today for a Free Case Evaluation

You're scared. You're angry. You're overwhelmed by questions about what happens next. That's normal. Assault charges carry real consequences, and the uncertainty of not knowing your options makes everything worse.

You don't have to navigate this alone. We've helped hundreds of people in your exact situation. People who made a mistake, people who defended themselves, and people who were falsely accused. We understand the fear you're feeling, and we know how to fight back.

Let's talk about what happened and how we can help.

For help from a simple assault lawyer in New Jersey, contact the Camili & Capo, PA, firm online or call today.