was at a bar with another male and female. female was being totally obnoxious and loud. manager spoke to her about using foul language. male said stuff about me to a friend. i left bar and approached male in his vehicle and punched him in the face. now i am charged with simple assault. can the female's language and actions be used in my favor as provocation. or, even that the male said stuff about me.
I am not sure why you listed this as a juvenile matter. However, excluding that issue for the moment, if you are convicted of simple assault you may be sentenced to serve up to 6 months in jail, be required to perform community services, and be subject to fine of up to $1,000, restitution, and probation.
N.J.S.A. 2C:12-1 allows the charges of simple assault to be filed under the following conditions:
If a person attempts to cause bodily injury to another person, or who recklessly, knowingly, or purposely causes bodily injury to someone else;
If bodily injury is negligently caused with a deadly weapon; or
If someone threatens another person or puts them in fear of serious bodily injury through physical menace (i.e., pointing a gun or waiving a knife.)
For a physical act to be considered assault the victim does not need to have sustained lasting injuries; the assault may simply cause temporary pain or discomfort or present a physical threat, and any unwanted or offensive physical contact can be considered assault.
Factors That Can Affect Charges and Penalties
The unique circumstances of your crime;
Where the assault took place;
If the assaulted person was a minor or on school property;
If there was bodily injury;
If you have a prior history of convictions, or, if other charges are being brought against you at the same time.
There can be defenses to this charge such as self defense. The defenses are mostly fact specific and we would need to go over the details in greater detail for me to answer the question.
Feel free to call me for a free no obligation consultation.
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It seems as though the female already posted a question concerning these events I quirking about photos she has of the injuries. Unfortunately even if the femals words I cited you because they had already left the bar, and because you went after them, they were already in their car, I don't think her words will constitute any defense for you. You could be facing up to six months in jail and significant fines if convicted. I would caution you not to make any admissions in an online forum, or anywhere for that matter, and seek the assistance of an attorney ASAP. S/he might be ale to negotiate a favorable disposition for this matter.
You need to speak with an attorney regarding the specifics of the case. Words are not sufficient provocation to claim self defense. The fact that you approached the car is not good. If you simply hit him because you were angry about what had occurred, that is not self defense. If other events occurred in between, that could be something different. I advise you to speak to an attorney regarding the specifics of the case.
Michael L. Doyle
Words are usually nor enough to justify physical assault. Especially if there was a period, however short, to cool down. You didn't punch the women you punched the male. You have no idea what he said and third hand it does not justify violence. In Woodbridge the Judges frown on such conduct. I would call an experienced criminal defense attorney. Call my office if you like for a free consultation.
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