Results-Driven Assault Attorney in Passaic County, NJ
What a Defense Attorney Can Do After You’re Charged With Assault
An assault charge in New Jersey can start from a bar fight, a dispute between neighbors, a shove during an argument, or a car crash caused by reckless driving. Charge severity depends on key details: weapon involvement, injury extent, or whether the victim is a protected individual like an officer or health care worker.
A Passaic County assault lawyer looks at those facts early. The gap between a disorderly persons offense and a felony-level charge frequently comes down to a single element the state still has to prove. The Passaic County criminal defense lawyers at The Montanari Law Group, LLC represent people charged with assault and other violent crimes throughout Passaic County. Michael J. Montanari has been licensed in New Jersey since 2000. We hold the state to its burden of proving every element of the charge beyond a reasonable doubt.
Contact us today to get started on your defense strategy.
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Assault and Violent Crime Charges We Defend Against in Passaic County
Being charged with assault does not mean you’re guilty, and prosecutors make mistakes we know how to find. Our experience in New Jersey criminal defense covers:
Each of these charges has its own elements and its own range of penalties, and the right defense strategy looks different depending on which one the state has actually filed.\
Simple Assault Under New Jersey Law
New Jersey’s assault statute, New Jersey Statutes Section 2C:12-1, sets out simple assault first. Under this law, a person can be charged with simple assault for trying to hurt someone or actually causing them bodily injury on purpose, knowingly, or recklessly. The same section also covers hurting someone with a weapon through carelessness.
It also covers scaring someone into believing they’re about to be seriously hurt, even without any physical contact. Simple assault is usually a disorderly persons offense, punishable by up to 6 months in county jail. If the injury happened during a fight both people willingly got into, the charge drops to a petty disorderly persons offense instead.
When Simple Assault Becomes Aggravated Assault
The same law that defines simple assault also defines aggravated assault. The line between the two usually comes down to how serious the injury is, whether a weapon was used, or who the alleged victim is. Aggravated assault is graded in tiers, and each one carries its own range of prison time under the state’s general sentencing law, New Jersey Statutes Section 2C:43-6:
- Trying to cause serious bodily injury, or causing it recklessly under circumstances showing extreme indifference to human life, is a second-degree crime punishable by 5 to 10 years in state prison.
- Causing bodily injury to someone with a deadly weapon, on purpose or knowingly, is a third-degree crime punishable by 3 to 5 years in state prison.
- Recklessly causing bodily injury with a deadly weapon is a fourth-degree crime punishable by up to 18 months in state prison.
The same grading applies to a simple assault against certain protected people, such as a police officer, firefighter, or health care worker doing their job. If the person is hurt, it is a third-degree crime (3 to 5 years in state prison). If not, it is a fourth-degree crime, capped at 18 months in state prison. Some aggravated assault charges come with added restrictions on applying for a pretrial diversion program.
A charge that looks like aggravated assault on paper does not always hold up once the facts are examined closely.
Assault by Auto and Vehicular Assault Charges in New Jersey
Reckless driving that injures someone can lead to assault charges even without any intent to hurt anyone. This part of the same law, often called assault by auto, applies when a driver operates a vehicle or boat recklessly and causes injury to another person.
The penalty depends on how badly the person was hurt and whether alcohol or drugs were involved:
- Reckless driving causing bodily injury, with no alcohol or drug involvement, is a disorderly persons offense punishable by up to 6 months in county jail.
- Reckless driving causing serious bodily injury, with no alcohol or drug involvement, is a fourth-degree crime punishable by up to 18 months in state prison.
- Driving while intoxicated or refusing a breath test, then causing bodily injury, is a fourth-degree crime punishable by up to 18 months in state prison.
- Driving while intoxicated or refusing a breath test, then causing serious bodily injury, is a third-degree crime punishable by 3 to 5 years in state prison.
- Driving while intoxicated or refusing a breath test and causing serious bodily injury while also committing certain additional violations such as driving through a school crossing, is a second-degree crime punishable by 5 to 10 years in state prison.
A conviction at any of these levels leaves a permanent criminal record and can affect driving privileges long after the case closes. Because so much of an assault by auto case depends on how the crash actually happened, the police report and any available video often sit at the center of the defense.
Passaic County Superior Court and What Happens After an Indictment
Any assault charge filed as a crime rather than a disorderly persons offense moves through the Superior Court in the county where it happened. In Passaic County, that means the Passaic Vicinage Criminal Division at 77 Hamilton Street in Paterson, which handles indictable offenses (the more serious crimes) for adults and sits near the Passaic County Prosecutor’s Office on Grand Street.
Under the New Jersey Constitution, an indictable charge can only move forward after a grand jury returns a formal indictment. That step gives the defense an early chance to question how strong the state’s case really is.
Lower-level disorderly persons assault charges, on the other hand, are generally handled in the municipal court for the town where the incident happened, such as Paterson Municipal Court.
A Passaic County Assault Lawyer With Trial Experience at Every Level
Michael J. Montanari has argued before the New Jersey Supreme Court in State v. Ferguson. In that case, the trial court dismissed a first-degree strict-liability drug-induced death charge for lack of territorial jurisdiction, meaning New Jersey had no power to prosecute conduct that happened outside the state. The Appellate Division and then the Supreme Court both affirmed that ruling.
Covering the oral argument, Courthouse News Service quoted him pressing the state on the limits of its own authority, asking simply, “Where does it stop?” He has also been named to Super Lawyers 2023 to 2026.
That combination of appellate argument experience and a trial practice built around holding the state to its proof is what guides how our firm approaches an assault case at any degree, from a disorderly persons charge in municipal court to a second-degree felony in the Passaic County Superior Court.
Frequently Asked Questions
Do I need a lawyer if I’m only charged with disorderly persons simple assault?
Yes. Even a disorderly persons conviction creates a permanent criminal record in New Jersey and can affect jobs, housing applications, and professional licenses. Getting legal advice before your first court date can also open the door to programs that keep the charge off your record entirely.
Will an assault charge show up on a background check?
A conviction for simple assault, aggravated assault, or assault by auto becomes part of your public criminal record and will typically appear on a standard background check. Some first-time offenders may qualify for a diversion program or later expungement, depending on the degree of the charge and the outcome of the case.
Can a first-time assault charge be resolved without a trial?
First-time offenders charged with a third or fourth-degree crime, including some aggravated assault and assault by auto charges, may be eligible for pretrial intervention, a supervised program that can lead to dismissal. Eligibility depends on the specific charge, the facts, and your prior record, so this is worth discussing with a lawyer early.
What happens at my first court date after an arrest in Paterson?
A disorderly persons assault charge from an arrest in Paterson is typically scheduled first in Paterson Municipal Court, while an indictable charge moves to the Passaic County Superior Court’s Criminal Division after a grand jury indictment. The first appearance usually covers bail conditions and scheduling rather than the merits of the case itself.
Does a restraining order mean I’ll automatically be charged with assault?
Not necessarily. A temporary or final restraining order under New Jersey’s domestic violence law is a civil court order, separate from a criminal assault charge, though the same incident can lead to both. Whether criminal charges follow depends on what the police report and the alleged victim’s statement describe.
Can I argue self-defense against an aggravated assault charge?
Self-defense can be a valid defense to assault charges in New Jersey, but the law requires the force used to have been reasonable and necessary under the circumstances. Whether a self-defense claim holds up depends heavily on the specific facts, including who was the initial aggressor.
What’s the difference between assault and battery in New Jersey?
New Jersey law does not use the term “battery.” Conduct that other states might separate into assault and battery is combined under New Jersey’s single assault statute, which covers both the attempt to cause injury and the injury itself.
How much does it cost to talk to a lawyer about my charge?
We offer a free consultation to discuss the charge against you and what your options look like. Reach out to schedule a time to talk through your situation before your next court date.
Put a Passaic County Assault Defense Attorney on Your Case Today
An assault charge moves fast, and the choices you make in the early weeks of a case, from your first court date to whether you apply for a diversion program, can shape the outcome. An assault charges defense lawyer at our firm can walk through the charge against you, what degree it’s graded at, and what realistic options exist from here.
Contact us today to schedule a free consultation about your case.
Passaic County Assault Lawyer Reviews
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla
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