NJ Assault and Threats Defense Attorney

Reviewed by William A. Proetta, Esq. · Updated October 2026

William Proetta Criminal Law defends people charged with assault and threat offenses across New Jersey, from disorderly persons simple assault under N.J.S.A. 2C:12-1(a) in municipal court to 2nd-degree aggravated assault in Superior Court. Attorney William A. Proetta has more than 15 years of criminal trial experience.

Most assault cases are decided by a small number of facts: how badly someone was hurt, what the video shows, who started it, and whether the people involved knew each other. Our work starts there. Call (201) 793-8018 for a free, confidential case review.

Assault and Threat Charges We Defend

We represent people charged anywhere in the state with:

• Simple assault, including the petty disorderly persons mutual-fight version.
• Aggravated assault, including charges based on significant or serious bodily injury, a deadly weapon, or a pointed firearm.
• Assault on police and other protected persons, such as health care workers, teachers, transit employees and retail store staff.
• Strangulation and other domestic violence assaults, which can also lead to a restraining order under the Prevention of Domestic Violence Act. Our domestic violence defense section covers that side of the case.
• Terroristic threats, including threats made by text, phone or social media.
• Stalking, harassment and cyber-harassment.
• Bias intimidation added to an assault or threat charge.
• Assault by auto after a crash, including cases involving DWI.
• Sexual assault and criminal sexual contact, explained in our New Jersey sex crimes section.

We also represent people who have filed their own complaint after being charged, and people who need advice before deciding whether to file.

How We Approach an Assault Case

We test the injury before anything else. The difference between 3rd and 2nd degree is often the difference between “significant” and “serious” bodily injury, and that line is drawn from medical records. We get the full chart, not the summary in the police report, and we look closely when the description and the records do not match.

We collect the evidence that disappears. Store and doorbell cameras record over themselves. Phone video sits on a witness’s phone. 911 calls, dispatch logs and body-worn camera footage have to be requested. In a fight, a few seconds of video can show who was the aggressor, and we try to secure it while it still exists.

We build self-defense early when the facts support it. If the evidence raises self-defense, the State has to disprove it beyond a reasonable doubt. That burden only helps if the defense has the witnesses, video and injury evidence to raise it, so we develop it from the start rather than at trial.

We look for the right resolution, not the first one offered. Depending on the charge and the client’s record, that can mean a dismissal, a downgrade to a disorderly persons offense heard in municipal court, or admission to Pretrial Intervention or conditional dismissal. Our guide to New Jersey diversionary programs explains who qualifies. Where a plea is the best option, we ask the court to protect it from use in a later lawsuit.

We plan around consequences outside the courtroom. For a client arrested on a warrant, the first hearing is about pretrial release and detention, and the release conditions can affect where a client lives and who they can contact. For non-citizens, we review every proposed plea for immigration consequences before it is entered. Our broader criminal defense strategies page describes the motions and evidence reviews we use across all case types.

Common Defenses to Assault Charges

The right defense depends on the facts, but these come up most often:

• Self-defense, defense of others and defense of property. New Jersey allows reasonable force in each situation, with limits on deadly force and a duty to retreat in some cases. Our page on New Jersey self-defense laws explains the rules.
• Mutual fight. A fight or scuffle entered into by mutual consent is a petty disorderly persons offense, not a disorderly persons offense.
• Identity. Alibi evidence, video and unreliable eyewitness accounts can show that the wrong person was charged.
• Injury level. The medical records may not support the degree of injury the charge requires.
• Unlawful police conduct. Evidence from an illegal stop, search or arrest can be suppressed.
• Credibility. Inconsistent statements, a motive to lie and missing video can undermine the complaining witness.

How Long the State Has to File Assault Charges

Under N.J.S.A. 2C:1-6, a prosecution for an indictable crime, such as aggravated assault or terroristic threats, must be started within five years after the offense. A disorderly persons or petty disorderly persons offense, such as simple assault, must be started within one year. Murder, manslaughter and sexual assault have no time limit, and the limits do not apply to anyone fleeing from justice. A late complaint can be a complete defense, so the dates matter.

Assault Defense by County

We maintain dedicated assault pages for Hudson, Middlesex, Union and Ocean Counties. Each covers that county’s courts and local procedure.

We accept assault cases in other New Jersey counties as well.

Understanding the Law

This page explains how we defend assault cases. For how the law itself works, including the grades, injury definitions, protected-person rules, the No Early Release Act, diversion and expungement, read our legal guide to assault in New Jersey. It is written to answer the questions most people have after an arrest, with the statutes and case law cited.