How to Defend Yourself Against Assault Charges After a Public Fight in New Jersey

A fight in New Jersey public places can result in an assault charge. Depending on the specific situation, this can lead to a simple assault, which is a petty disorderly persons offense. But if the fight resulted in severe bodily injuries, the person responsible could be charged with aggravated assault, which can be a second-degree indictable offense. No matter the case, if you are facing assault charges, you need a defense attorney from the Matthew Portella Law Office to protect your rights and represent you in court. 

The Law Office of Matthew V. Portella, LLC
25 Chestnut Street, Suite 2
Haddonfield, NJ 08033

Different Assault Charges for Fighting in Public

Assault charges in NJ can be simple assault or aggravated assault. If you want to effectively defend yourself, you must determine the assault charge filed against you. Every crime in the state has different elements that prosecutors must prove to get your convicted. Defending yourself against the correct charge is key to avoiding a conviction.

Simple assault charges involve bodily injury or attempts by physical menace, putting another party in fear of possible severe bodily injury. In other cases, prosecutors can pursue aggravated charges, which are more serious and can carry penalties of up to ten years imprisonment and a fine of $150, 000.

Available Legal Defenses

After a public fight, defending yourself against charges of assault can be hard. A lot of street fights today are caught on video. Prosecutors will try to secure cell phone footage of the fight you were involved in and it against your case. However, video footage can also work in your favor. For instance, if it shows the fight was provoked by the other person, you can claim self-defense. 

Other possible defenses you can use include lack of evidence, non-voluntary intoxication, diminished capacity, and lack of admissible evidence. If the law enforcement officer did not read your Miranda rights during questioning, this can also offer a defense. Your defense attorney will assess your case and analyze the facts thoroughly to determine the defense available for you. 

Steps to Take After Being Arrested for a Street Fight

Because assault convictions in the state have severe consequences, you must protect yourself after an arrest. Also, you must avoid mistakes that might jeopardize your defense. Below are steps you can take:

• Do not say anything to the police. After being arrested for assault, try to remain silent. This is a legal right you can exercise. Whatever you say can be used against you later in court. Even if you don’t offer an outright confession, what you say can help prosecutors get you convicted. 
• Consider the available evidence. Check if a security camera has filmed the fight. Did a friend of yours record it on video? Do you have friends or someone else to give testimonies on what occurred and who started the right? When you prepare for your defense, consider any evidence available. Your attorney can use this to your advantage.
• Hire an attorney. Because assault cases have a complicated nature and you are facing risks that arise out of street fights, you must have a skilled attorney on your side. Your attorney will assess the admissibility of the evidence that the prosecutors will present. 

If you have been charged with aggravated assault after a fight in public, your future is certainly on the line. Your case’s outcome can affect your life for many years to come. Thus, you must take the case seriously and prepare yourself to take action to lessen the possible consequences of the arrest. While getting into a fight may seem like a simple situation, it can result in a criminal conviction, which carries hefty penalties. Therefore, you should not assume that you can handle it on your own.