FEDERAL CRIMINAL LAWYERS

Hunterdon County Simple Assault Attorneys

You got charged with simple assault last week in Hunterdon County, maybe after you punched someone during a bar fight in Flemington, or pushed someone during an argument in Readington causing them to fall and get injured, or hit a family member during a domestic dispute in Clinton, or used excessive force during a sports activity in Raritan Township causing injury, or got into a mutual combat situation where both of you agreed to fight, or raised your fist in a threatening manner creating fear of injury, or struck someone who you believed was attacking you in what you thought was self-defense. You don’t know if you’re facing disorderly persons charges carrying up to six months in county jail or petty disorderly persons charges carrying up to 30 days in county jail. You don’t understand the difference between purposely causing bodily injury versus knowingly causing bodily injury versus recklessly causing bodily injury, and you don’t know what “bodily injury” means legally or whether minor scratches and bruises count. You don’t understand the “physical menace” element for assault by creating fear, and you don’t know if the fact that it was mutual combat affects the charges. You don’t know about the presumption of non-incarceration for first offense, you’re concerned about a permanent criminal record, you’re worried about losing your job or damaging your professional license, and if this involves a family member you’re concerned about a domestic violence restraining order.

The answer depends on multiple factors including your mental state when the incident occurred—whether you acted purposely with a conscious objective to cause injury, knowingly with awareness that injury would result, or recklessly with conscious disregard of a substantial risk—and whether actual bodily injury occurred, whether this was a mutual combat situation where both parties agreed to fight, and whether you acted in lawful self-defense. Disorderly persons simple assault under N.J.S.A. 2C:12-1a carries up to six months in county jail and a $1,000 fine under N.J.S.A. 2C:43-8, and petty disorderly persons simple assault for mutual combat situations carries up to 30 days in county jail and a $500 fine. All simple assault cases are handled in the municipal court where the offense occurred—Flemington Municipal Court, Readington Municipal Court, Clinton Municipal Court, or Raritan Township Municipal Court. More serious assault cases may be reviewed by the Hunterdon County Prosecutor’s Office for potential upgrading to aggravated assault, which would be handled at Hunterdon County Superior Court. Under N.J.S.A. 2C:43-6, there is a presumption of non-incarceration for first-time offenders, meaning jail time is unlikely if this is your first offense.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from the Elisabeth Haub School of Law at Pace University in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial. During law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her high-profile grand larceny case that was featured in a Netflix special series released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients charged with simple assault in Hunterdon County, especially in the busiest municipalities including Flemington, Readington, Clinton, and Raritan Township, and we’ve achieved many, many successful outcomes including dismissals based on self-defense, downgrades from disorderly persons to petty disorderly persons for mutual combat situations, and acquittals demonstrating that the defendant didn’t cause or attempt to cause bodily injury or that injuries were accidental rather than purposeful, knowing, or reckless. If you’re reaching out to us—we understand the stakes you’re facing.

Mental States and Bodily Injury Requirements

Under N.J.S.A. 2C:12-1a, there are three ways to commit simple assault: attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another; negligently causing bodily injury to another with a deadly weapon; or attempting by physical menace to put another in fear of imminent serious bodily injury. The mental state requirements are critical—”purposely” means you had a conscious objective to cause injury, “knowingly” means you were aware your conduct would cause injury, and “recklessly” means you consciously disregarded a substantial risk that injury would occur. “Bodily injury” under New Jersey law means physical pain, illness, or any impairment of physical condition—this includes minor injuries like scratches, bruises, cuts, or pain, not just serious injuries. The “attempts” element is also important—you can be convicted of simple assault even if no actual injury occurred, as long as you took a substantial step toward causing injury. For assault by physical menace, you must have attempted by threatening physical gestures or conduct to put someone in fear of imminent serious bodily injury—verbal threats alone generally don’t qualify, and the fear must be of immediate harm, not future harm. If the assault occurred during a fight or scuffle entered into by mutual consent—meaning both parties agreed to fight—the charge is reduced from disorderly persons to petty disorderly persons with maximum penalties of 30 days jail and $500 fine instead of 6 months and $1,000.

Todd Spodek’s Strategic Approach to Simple Assault Defense

In simple assault cases, Todd Spodek employs sophisticated defense strategies honed over two decades of trial work in the most serious criminal cases. He challenges the prosecution’s evidence by questioning whether you acted purposely, knowingly, or recklessly to cause injury or whether contact was accidental without the required mental state. He examines whether you acted in lawful self-defense under N.J.S.A. 2C:3-4—meaning you reasonably believed force was immediately necessary to protect yourself from unlawful force, you used proportional force, you weren’t the initial aggressor, and you complied with the duty to retreat where applicable. He analyzes whether the alleged “bodily injury” meets the legal definition of physical pain, illness, or impairment of physical condition, or whether the alleged victim is exaggerating minor contact. He investigates credibility issues with the alleged victim—whether their testimony is consistent, whether they were the initial aggressor, whether they have a motive to fabricate, and whether physical evidence supports their story. In Hunterdon County specifically, Todd has handled simple assault cases at the municipal courts in Flemington, Readington, Clinton, and Raritan Township. His trial experience in murder, assault, and other serious violent felonies gives him the skills to effectively cross-examine alleged victims about inconsistencies in their accounts, whether they struck first, and whether injuries were as serious as claimed. Todd understands that simple assault charges often arise from situations where defendants acted in self-defense, where injuries were accidental or exaggerated, or where alleged victims have credibility problems. For cases involving domestic violence victims, Todd navigates the additional complexity of temporary restraining orders and final restraining order hearings in Family Court, understanding that simple assault convictions in domestic violence contexts carry enhanced consequences including firearms surrender and no-contact requirements. Since April 2025, defendants can request expedited New Jersey State Police processing for expungements of simple assault convictions if filed correctly up front under N.J.S.A. 2C:52-2, which reduces wait time for clearing criminal records—but the best outcome is avoiding conviction entirely through aggressive defense strategy challenging the prosecution’s evidence on mental state, bodily injury, self-defense, or witness credibility.

Call 212-300-5196.