New Jersey Juvenile Assault

When a child is facing juvenile assault charges in New Jersey, it negatively impacts the entire family. This stressful and often confusing experience is one of the biggest stressors a parent may encounter. But if your child is in this situation, know that hiring a skilled New Jersey juvenile assault lawyer can make all the difference.

With 25+ years of experience helping juveniles and their parents successfully navigate a wide range of criminal charges, John B. Fabriele, III is a passionate, knowledgeable juvenile assault defense lawyer.

He’ll focus not only on preventing your child from being detained in a juvenile defense facility—he also prioritizes connecting them with the rehabilitation and counseling they need. Call (732) 246-0888 today for your free consultation.

Defining Juvenile Assault

New Jersey law defines assault and juvenile assault in the same ways. A juvenile is guilty of assault if they cause or attempt to cause any kind of bodily injury to another person. This is true whether the juvenile did so knowingly, negligently, or recklessly.

Said another way, your child can be charged with assault even if they didn’t intend to hurt anyone directly.

Furthermore, making another person fear immediate bodily harm is considered assault as well. If your child was ‘just fooling around’ with a knife or firearm and another person feared for their safety, your child can face juvenile assault charges.

All in all, there are quite a few situations that are considered a type of assault under New Jersey law. But your child doesn’t deserve to have their future forever changed over a simple mistake.

Working with a focused, dedicated New Jersey juvenile assault lawyer is the best way to minimize the penalties your child is facing.

Types of Juvenile Assault Charges

In New Jersey, the three basic types of assault charges a juvenile may face are simple assault, aggravated assault, and assault by automobile.

Under N.J.S.A. 2C:12-1(a), simple assault is when a juvenile negligently or purposely causes or makes someone fear imminent bodily harm. Of the types of juvenile assault charges in New Jersey, this is the least severe.

Aggravated assault means a juvenile has committed simple assault, and they’ve done so with severe indifference to the value of human life. This charge is common when a deadly weapon, potentially even an unloaded gun, is part of the assault.

Additionally, committing simple assault against specific people—such as school bus drivers, police officers, or first-aid operators—while they’re trying to perform job duties automatically bumps the charges up to aggravated assault.

A juvenile may face assault by automobile charges if their reckless behavior behind the wheel leads to harming another person.

Lastly, know that NJ juvenile assault charges have varying degrees. A fourth-degree charge is less serious than a first-degree, and the potential penalties increase with each higher degree.

Working with a skilled, pragmatic New Jersey juvenile assault lawyer like John B. Fabriele, III is the best way to understand exactly what your child is up against and the ideal path for winning a favorable outcome in their case.

Potential Penalties for Juvenile Assault Crimes in NJ

There are a wide variety of penalties your child may face for juvenile assault crimes in NJ. N.J.S.A. 2A:4A-21 dictates that the purpose of the juvenile justice system is to maintain public safety while simultaneously upholding the unity of the family.

As a result, there are several penalties your child may face, such as:

• Juvenile detention
• Giving custody of the juvenile to the Department of Children and Families
• Giving custody of the juvenile to another relative or qualified adult
• Vocational and/or educational programs
• Restitution to victims
• Substance abuse and/or mental health treatment
• Up to three years of probation
• Fines and fees
• Mandatory community service
• Deferred disposition, wherein the charges are dismissed if the juvenile completes court-imposed stipulations

While a judge is required to consider the severity of the crime and the juvenile’s past criminal history, it’s common for a sentence to include several of the above penalties.

Lastly, incarceration limits are different for juveniles and adults. Juveniles will receive a lesser sentence than an adult facing the same charges, but even this shorter amount of time can be deeply impactful to your child’s future:

• Fourth-degree crimes carry a maximum juvenile sentence of up to one year
• Third-degree crimes carry a maximum juvenile sentence of up to two years
• Second-degree crimes carry a maximum juvenile sentence of up to three years
• First-degree crimes carry a maximum juvenile sentence of up to four years

You Need a Passionate, Skilled New Jersey Juvenile Assault Lawyer

When your child is charged with any type of assault, there’s a lot at stake. Not only do you need to ensure their rights are protected throughout the entire case, but you’re also focused on mitigating immediate consequences and avoiding long-term impacts to the rest of their life.

Plus, none of the day-to-day stops while you’re trying to juggle all of these stressful tasks.

You need a passionate, skilled New Jersey lawyer for juvenile assault charges like John B. Fabriele, III who knows exactly what needs to be done with your child’s case. Call (732) 246-0888 now for your free consultation.

NJ Juvenile Assault FAQs

Can a juvenile be tried as an adult for assault in New Jersey?

Yes, a juvenile can be tried as an adult for assault in New Jersey. This typically happens in one of two ways.

First, a prosecutor can pursue this by filing a waiver motion with the court. The court then reviews the case and decides whether to approve the waiver to adult court. This is common when the alleged crime is particularly violent or severe.

Alternatively, any juvenile age 14 or older may personally elect to have their case waived to adult court. In either scenario, the juvenile will be tried as an adult for assault.

How does New Jersey law address self-defense in juvenile assault cases?

Per New Jersey law, self-defense may be a valid defense in a juvenile assault case if four conditions are met:

1. The juvenile was unable to make a reasonable effort to retreat from the situation.
2. The force used by the juvenile was immediately necessary.
3. The force used by the other party against the juvenile was unlawful.
4. The specific amount of force used by the juvenile was necessary to preserve their safety.

Said another way, the juvenile was threatened with immediate, unlawful force, and the way the juvenile responded was absolutely necessary for their safety. But if a single one of these conditions isn’t met, self-defense isn’t a valid claim.

What are the long-term effects of a juvenile assault charge in New Jersey?

The most impactful long-term effects of a juvenile assault charge in New Jersey are:

• College acceptance – Since 72% of higher learning institutions consider applicants’ criminal history, juvenile assault charges can limit your child’s choices in terms of college
• Financial burdens – Following a juvenile assault conviction, you and your child will likely have to pay restitution and/or fines, which can quickly become a heavy financial strain
• Housing options – Just like colleges, many rental and home loan applications require passing a background check, thereby putting your child’s housing options at risk
• Immigration status – When a non-citizen commits a juvenile offense, their immigration status, future citizenship, and ability to stay in the US can be severely impacted

These are the most severe long-term consequences, but there are certainly others—for example, most workplaces will also require your child to pass a background check before being hired. That’s why it’s so crucial to hire a thorough, compassionate New Jersey juvenile assault lawyer like John B. Fabriele, III.

The sooner you call, the sooner we can start working to protect your child’s freedom and your family’s well-being. Call (732) 246-0888 now for your free consultation with NJ Juvenile Lawyer John B. Fabriele, III.