Jersey City Criminal Lawyer Santo Artusa and his team represent people in Jersey City and Hoboken who have been charge with: N.J.S.A. 2C:12-1 Simple Assault, Harassment, Loitering and N.J.S.A. 2C:35-10 Possession of CDS. Some of the cases may be related to domestic violence while others may be between people that simply got into a fight, had drugs in their car, harassed people or are simply falsely accused. We can handle the case either way.
Have you been arrested for simple assault or harassment in Jersey City? Have you been served with a temporary restraining order? If so, we can help. Whether this is your first arrest or tenth, my team and I are willing and able to help you in criminal court. Our experience in the Jersey City Municipal Court and Jersey City Court and other courts throughout the State, has led our clients to obtain positive outcomes and leaving them the ability to move forward with their lives. Jersey City Criminal Defense Attorney Santo Artusa has years of experience regarding domestic violence cases, assaults, criminal mischief, harassment, possession of CDS, restraining orders, burglary, armed robbery, criminal trespass and other criminal matters. If your case is related to a temporary restraining order/domestic violence in Hudson or Bergen County, visit our page Hudson County Restraining Order Defense Attorney.
Assault in New Jersey is defined as:
N.J.S.A. 2C:12-1 Simple Assault– A person is guilty of assault if he attempts to cause or purposely causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon, or attempts by physical menace to put another in fear of imminent serious bodily harm. Bodily injury is defined as physical pain, illness or impairment of physical condition. Assault is one of the crimes that is considered domestic violence under certain circumstances and when someone is seeking a final restraining order. We can help you defend against a restraining order case in Hudson County, New Jersey.
We represent people in both criminal and family court concerning assault charges/domestic violence in Jersey City/Hudson County. The maximum prison term someone can get for simple assault is: 6 months in jail and $1000 fine. While a criminal court may find you guilty of committing a simple assault, that does not mean if you have a related NJ domestic violence restraining order case that the Judge in the restraining order case will or must issue a final restraining order. In the Temporary Restraining Order Case-FRO case, the domestic violence Judge has more discretion as there are many factors involved in determining whether a final restraining order is needed. One thing to know is that if a final order is given, it can be very hard to dissolve and this can have serious consequences so whether you are charged in criminal court, municipal court or are facing a restraining order, it is important to fight your case.
2C:35-10. Possession of CDS
In addition to simple assault and other criminal charges, we represent people who have been accused of Possessing CDS (marijuana, cocaine, MDMA, paraphernalia, etc) in Jersey City, Hoboken, Bayonne Municipal Courts, or in the Hudson County Superior Court-we can help defend you against these charges and minimize any penalty you may face or help you get the case dismissed.
In a recent case we had in the Jersey City Municipal Court, our client was accused of assaulting his ex-girlfriend. Our client had a clean record, the parties no longer lived together and we were able to have the case dismissed after finding holes in her story and the lack of reliable evidence. We also successfully had the temporary restraining order in family court vacated as well. Client had a clean record prior to the incident and a clean record after retaining our firm for the criminal defense and restraining order issues. In this case, the victim wanted to go forward with the complaint but it is very important to know that even if the victim does not want to go forward, the State can still press their case and it is very important to hire a lawyer immediately and remember your right to remain silent.
The first time you go to court is for your arraignment an/or bail hearing. Your attorney will enter a plea of non-guilty and argue for the lowest bail permitted under the state guidelines. Your attorney will also request copies of the discovery which are the documents associated with your case, any videos, etc that the prosecutor must disclose all discovery to the defense attorney. The prosecution must let defense counsel know who they intend to call as witnesses. If the defense attorney has any discovery that can attack the prosecution’s case, he must provide that to the State. So for example in another case we had, our client claimed self-defense and that the alleged victim instigated the entire fight by sending him pictures of his ex-girlfriend in seductive clothing in “non-church like poses” over and over again until he got to the point where he felt he had to confront the instigator as they lived on the same block. When we showed these pictures and texts to the prosecution, the charges were downgraded substantially and later dismissed.
While criminal cases require beyond a reasonable doubt to obtain a guilty verdict, a restraining order case requires that the victim prove his or her case with a preponderance of the evidence standard (which is easier to win) but either way, we know how to prepare for either or both cases as the legal procedures involved are very different. When dealing with criminal issues, it is important not to assume anything. Do not assume the police had probable cause, do not assume they had the right to stop and frisk you because you were in the wrong area, do not assume the Judge will side with the Police. Many Judges were criminal defense lawyers and know that nobody is given automatic credibility when on the witness stand. It is your attorney’s job to find out if in fact probable cause was there, to try to recreate the scenario and to question potential witnesses.
A more serious form of assault in New Jersey is:
Aggravated Assault– A person is guilty of aggravated assault is he attempts to cause serious bodily injury to another; recklessly causes such an injury, knowingly attempts to cause serious bodily injury with a deadly weapon, or commits a simple assault on a policeman, fireman, emergency first aid personnel, or school teacher or official. These cases are usually dealt with in the Superior Court-Criminal Division rather than municipal because these cases can carry significant penalties including long prison terms.
Hiring an attorney when it comes to your freedom, your ability to see your children and other important matters requires that you think carefully as to who you hire and make sure that the attorney understands the law, understands your circumstances, your case, so that he or she can represent you effectively. Being frugal with your “legal budget” can lead to dire consequences if your freedom and long-term ability to earn is at risk. The devil is in the details and if you and your attorney fail to communicate important aspects of the case, the case could be doomed. If you have a criminal case pending against you or a domestic violence matter in Jersey City or Hoboken, contact my office today on 201-706-7910 for a confidential appointment in our Jersey City Office.