Hudson County Assault & Threats Lawyer
Reviewed by William A. Proetta, Esq. · Updated
Most assault and threat charges in Hudson County fall into one of two tracks. Disorderly persons charges, such as simple assault and harassment, stay in the municipal court of the town where the incident happened, whether that is Jersey City, Hoboken, Kearny, Union City, Bayonne or any other Hudson municipality. Indictable charges, such as aggravated assault, terroristic threats and stalking, are prosecuted by the Hudson County Prosecutor’s Office in Superior Court in Jersey City, now at the Frank J. Guarini Justice Complex near Journal Square. William Proetta Criminal Law defends both kinds of cases from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018 for a free case review, 24/7. Se habla español.
Assault and Threat Charges We Defend in Hudson County
Each charge below has its own page with the statute, the defenses that apply and how the case moves through Hudson’s courts.
Assault and Threat Charges in Hudson County
| Charge | Statute | Usual grade | Where it is heard |
|---|---|---|---|
| Home invasion burglary | N.J.S.A. 2C:18-2.1 | 1st degree; NERA | Superior Court |
| Kidnapping | N.J.S.A. 2C:13-1 | 1st or 2nd degree | Superior Court |
| Vehicular homicide | N.J.S.A. 2C:11-5 | 2nd degree; 1st in a school zone | Superior Court |
| Strangulation | N.J.S.A. 2C:12-1(b)(13) | 2nd degree | Superior Court |
| Eluding a police officer | N.J.S.A. 2C:29-2(b) | 3rd or 2nd degree | Superior Court |
| Terroristic threats | N.J.S.A. 2C:12-3 | 3rd degree | Superior Court |
| Aggravated assault | N.J.S.A. 2C:12-1(b) | 4th to 2nd degree | Superior Court |
| Assault on a police officer | N.J.S.A. 2C:12-1(b)(5) | 4th to 2nd degree | Superior Court |
| Criminal coercion | N.J.S.A. 2C:13-5 | 4th or 3rd degree | Superior Court |
| Stalking | N.J.S.A. 2C:12-10 | 4th or 3rd degree | Superior Court |
| Cyber harassment | N.J.S.A. 2C:33-4.1 | 4th degree | Superior Court |
| Assault by auto | N.J.S.A. 2C:12-1(c) | Disorderly persons to 2nd degree | Municipal or Superior |
| Hindering apprehension | N.J.S.A. 2C:29-3 | Disorderly persons to 2nd degree | Municipal or Superior |
| Resisting arrest | N.J.S.A. 2C:29-2(a) | Disorderly persons to 3rd degree | Municipal or Superior |
| False imprisonment | N.J.S.A. 2C:13-3 | Disorderly persons | Municipal Court |
| Simple assault | N.J.S.A. 2C:12-1(a) | Disorderly persons | Municipal Court |
| Harassment | N.J.S.A. 2C:33-4 | Petty disorderly persons | Municipal Court |
Charged in Jersey City? Our Jersey City simple assault and Jersey City violent crimes pages cover Jersey City Municipal Court and the city’s most common cases. Sexual assault and criminal sexual contact are covered under Hudson County sex crimes.
Which Hudson County Court Will Hear Your Case
The grade on your complaint decides the court, not the town where you were arrested.
- Disorderly persons and petty disorderly persons charges are heard in the municipal court of the town where the incident happened. Each Hudson town runs its own court with its own calendar; see our court guides for Jersey City, Hoboken, Kearny, Union City, Bayonne, North Bergen, West New York, Weehawken, Secaucus, Guttenberg, Harrison and East Newark.
- Indictable charges (fourth degree and up) are sent to the Hudson County Superior Court in Jersey City and prosecuted by the Hudson County Prosecutor’s Office. That’s true whether the arrest was in Hoboken, Kearny, Bayonne or Jersey City itself.
- Charges can move between the two. After screening, the prosecutor can downgrade an indictable assault to a disorderly persons offense and send it back to the municipal court, which is often the goal in an aggravated assault case.
Warrant Complaints, Arrest and Pretrial Detention
Assault charges are among the charges most often filed on a complaint-warrant instead of a summons. A summons lets you go home and appear in court later. A complaint-warrant means you are arrested, fingerprinted and held at the Hudson County jail in Kearny until a judge decides whether to release you. Indictable assaults, assaults on police officers and domestic violence cases are the most common examples, and when a domestic violence victim shows signs of injury, New Jersey law requires the officer to make an arrest.
Once you’re held on a complaint-warrant, the court must make a release decision within 48 hours. Pretrial Services prepares a Public Safety Assessment, and in Hudson County the first appearance is usually handled through Central Judicial Processing (CJP). For violent charges, the Hudson County Prosecutor’s Office can file a motion for pretrial detention asking the judge to keep you in jail until trial. That hearing is held at the first appearance unless it is briefly postponed: up to 3 days at the prosecutor’s request or 5 days at yours, not counting weekends and holidays. It is a real hearing with evidence and cross-examination, and it is often the first chance to show weaknesses in the State’s case.
Most people are released, but usually with conditions such as reporting, a curfew, electronic monitoring or no contact with the alleged victim, which can keep you out of your own home. Violating those conditions can lead to detention. See our New Jersey pretrial release and detention guide for each step.
On an indictable charge, the first appearance also sets a pre-indictment conference within 45 days, where an early plea offer, a downgrade or Pretrial Intervention (PTI) can be discussed before the case ever reaches a grand jury.
Penalties by Grade
New Jersey Penalties by Grade
| Grade | Court | Jail or prison | Max fine | Severity |
|---|---|---|---|---|
| Petty disorderly persons | Municipal Court | Up to 30 days | $500 | |
| Disorderly persons | Municipal Court | Up to 6 months | $1,000 | |
| 4th degree | Superior Court | Up to 18 months | $10,000 | |
| 3rd degree | Superior Court | 3 to 5 years | $15,000 | |
| 2nd degree | Superior Court | 5 to 10 years | $150,000 | |
| 1st degree | Superior Court | 10 to 20 years | $200,000 |
Second-degree aggravated assault and kidnapping also fall under the No Early Release Act, which requires serving 85 percent of the sentence before parole.
When an Assault Charge Is Also Domestic Violence
Assault, harassment, terroristic threats, stalking, criminal coercion, false imprisonment and kidnapping are all acts that can support a domestic violence restraining order when the people involved are family members, household members or current or former dating partners. In that situation there are two cases at once: the criminal charge, and a restraining order case in the Family Part of the Hudson County Superior Court. A conviction or a final restraining order can each cost you firearms rights and access to your home. Some programs that resolve ordinary assault charges, such as conditional dismissal, are generally unavailable in domestic violence cases. See our Hudson County domestic violence page.
Immigration Consequences of an Assault Conviction
Many of our Hudson County clients are green card holders, visa holders or DACA recipients, and for them the immigration consequences of an assault case can matter more than the criminal sentence.
- Crimes involving moral turpitude. Aggravated assault and other violent offenses can be treated as crimes involving moral turpitude, which can lead to removal, block a green card or delay citizenship.
- Aggravated felonies. Under federal immigration law, a crime of violence with a sentence of one year or more, even a suspended sentence, can be an aggravated felony, one of the most serious immigration categories.
- Domestic violence and stalking. A crime of domestic violence, stalking or a violation of a protective order can be a separate ground for deportation, even for lawful permanent residents.
- Diversion programs. Some programs that require a guilty plea can still count as a conviction for immigration purposes, even if the charge is later dismissed under New Jersey law.
The statute subsection you plead to, the facts in the plea and the length of the sentence can all change the immigration result. We review those consequences before any plea and plan the resolution around them; see our pages on immigration-safe plea strategy, visa holders and DACA recipients and our immigration consequences practice area.
How Assault Cases Are Defended
The State has to prove every element beyond a reasonable doubt, and assault cases often turn on a few minutes of conflicting accounts. The defenses we raise most often:
- Self-defense or defense of others under N.J.S.A. 2C:3-4, when you reasonably believed force was necessary.
- Mutual fight. A fight both people agreed to is a petty disorderly persons offense, not a disorderly persons offense, which changes the penalties and the record.
- Video. Body-worn cameras, bar and restaurant cameras along Hoboken’s Washington Street, building lobby cameras and phone video often show something different from the complaint. Much of it is overwritten within days, so we request it immediately.
- Injury evidence. The grade often depends on how serious the injury was, so medical records can be the difference between aggravated and simple assault.
- Identification and credibility problems, especially in crowded bars, at large gatherings and in cases built on one person’s statement.
Resolving an Assault Charge Without a Conviction
Depending on the charge and your record, a Hudson County assault case may end in a dismissal, a downgrade to a petty disorderly persons offense or a town ordinance violation, conditional dismissal in municipal court, or PTI in Superior Court. Dismissed charges can usually be expunged, and many convictions can be expunged after a waiting period; see our Hudson County expungement page.
Hudson County Assault and Threat Charges: FAQs
What is the difference between simple and aggravated assault in New Jersey?
Simple assault is a disorderly persons offense heard in municipal court. It becomes aggravated assault, an indictable crime heard in Superior Court, when there is serious or significant bodily injury, a deadly weapon, or a protected victim such as a police officer, firefighter, EMT, teacher or health care worker.
Can the alleged victim drop an assault charge?
No. In New Jersey the State prosecutes the case, not the alleged victim. A victim who doesn’t want to go forward can make the case weaker, but the prosecutor can still proceed with 911 recordings, body-worn camera video, medical records or other witnesses.
I was arrested in Hoboken. Why is my case in Jersey City?
Because the charge is indictable. Every indictable complaint from a Hudson County town is prosecuted by the Hudson County Prosecutor’s Office in Superior Court in Jersey City. If the charge is downgraded to a disorderly persons offense, it goes back to Hoboken Municipal Court.
Can an assault charge affect my immigration status or green card?
Yes. Aggravated assault, domestic violence offenses and stalking can lead to removal or block a green card or citizenship, and some diversion programs that require a guilty plea still count as convictions for immigration purposes. Before you plead to anything, including a downgraded charge, your lawyer should review the immigration consequences with you.
Will I go to jail for a first assault charge?
For a first disorderly persons simple assault, jail is uncommon, and conditional dismissal may keep the conviction off your record. For third- and fourth-degree crimes there is a presumption against prison for first-time offenders. Second-degree aggravated assault carries a presumption of prison and the No Early Release Act, which is why avoiding or downgrading that charge matters so much.
How long does the State have to file assault charges?
Generally one year for a disorderly persons offense such as simple assault, and five years for most indictable crimes such as aggravated assault.
Where is Hudson County Superior Court now?
Hudson County’s criminal and family courts are at the Frank J. Guarini Justice Complex near Journal Square in Jersey City, which replaced the courtrooms in the old Administration Building on Newark Avenue. Your notice lists the courtroom for each date.
Talk to a Hudson County Assault Defense Lawyer
The first days after an assault arrest decide a lot: release conditions, whether video is preserved, and whether the charge is screened down. Call our Jersey City office at (201) 793-8018 for a free, confidential case review. We answer 24/7, and se habla español.