Assault

An assault involves:   An intentional, unlawful threat or "offer" to cause bodily injury to another by force; Under circumstances which create in the other person a well-founded fear of imminent peril;
 
Where there exists the apparent present ability to carry out the act if not prevented.  Note that an assault can be completed even if there is no actual contact with the plaintiff, and even if the defendant had no actual ability to carry out the apparent threat. For example, a defendant who points a realistic toy gun at the plaintiff may be liable for assault, even though the defendant was 50 feet away from the plaintiff and had no actual ability to inflict harm from that distance.  A defendant, who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff's dignity, has committed a battery.
 
Assault Defenses:   An experienced criminal defense attorney will be familiar with the many types of assault defense arguments, which include but are not limited to the following:
 
Consent – The defendant had permission to commit the alleged act.
Punishment – If the charges stem from an incident involving a child, the defendant may be able to claim the act was for the purpose of punishment.
Self-defense – Usually, to use this as a defense, the amount of force used has to be reasonable and proportional to the amount of violence it was intended to stop.
The defense of others – When one person assaults another to prevent that person from committing a violent act, they may be found not guilty of assault. However, as with self-defense, the amount of force and violence had to have been reasonable and proportional to the violence it was intended to stop.
Prevention of a crime – Some states also allow the use of force to prevent crimes, but again, the amount of violence used to prevent them must be reasonable and proportionate.
Defense of property – In some states, under certain circumstances, you are legally allowed to assault someone to defend your property.
 
Good criminal defense lawyers are well acquainted with these defenses and others as they pertain to New Jersey laws. Assault is usually a disorderly person's offense but may sometimes be treated as a felony, so assault convictions can lead to heavy fines, probation, and even jail time. If you or a loved one has been accused of assault, please contact us for a FREE consultation with Mr. Bellizia who can answer all your questions, examine your case thoroughly, and aggressively fight for your best interests.
 
It takes an attorney with the confidence and experience of a former prosecutor to properly deal with authorities when it comes to defending you against criminal charges. If you have been accused or charged with such a crime, please do not hesitate to contact Mr. Bellizia immediately. Criminal matters are not problems that will go away when ignored. Early intervention in criminal matters, may achieve outstanding results, and will be instrumental to the outcome of your case. 
 
When you call us, you will get an immediate response.  Mr. Bellizia and his staff are available 24 hours a day, seven days a week, holidays and weekends included.  Please do not hesitate to contact us now to arrange a free consultation.