Assault and Battery Lawyer in Burlington County, NJ — What Are Your Defense Options?
An assault and battery charge in Burlington County is a serious matter under N.J.S.A. 2C:12-1, ranging from a disorderly persons offense to a second-degree indictable crime. Law Offices Of SRIS, P.C. provides a strong defense for clients facing these charges in Mount Holly and across Burlington County.
New Jersey Assault and Battery Law
In New Jersey, assault and battery are defined under the New Jersey Code of Criminal Justice, Title 2C. The statute, N.J.S.A. 2C:12-1, consolidates these offenses, with “assault” generally meaning an attempt to cause bodily injury and “battery” meaning the actual, unlawful physical contact. Charges are classified based on the severity of the alleged act, the intent of the accused, and the extent of injury to the victim. A disorderly persons simple assault in Municipal Court carries different penalties than an aggravated assault tried in Burlington County Superior Court.
Last verified: March 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm understands how these statutes are applied by local prosecutors. We use this insight to build case-specific defenses for every client.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. Title 2C (New Jersey Code of Criminal Justice) on the state legislature’s website. For local court procedures, visit the Burlington Vicinage website.
handling an Assault Case in Burlington County Courts
The court where your case is heard depends entirely on the charge level. Simple assault, a disorderly persons offense, is handled in the Burlington County Municipal Court. More serious aggravated assault charges are indictable crimes prosecuted in the Criminal Division of the Burlington County Superior Court in Mount Holly. New Jersey’s bail reform means your release pre-trial is determined by a risk assessment, not your ability to pay cash bail.
- Initial Appearance & Complaint: You will be served with a complaint. For a disorderly persons offense, your first hearing is in Municipal Court. For an indictable crime, you will have a first appearance in Superior Court.
- Detention Hearing (If Applicable): For indictable charges, the court holds a detention hearing to decide if you will be released pre-trial based on a Public Safety Assessment score.
- Discovery & Investigation: Your attorney obtains all evidence from the prosecution, including police reports, witness statements, and any video. Independent investigation is critical.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss the charge if police violated your rights or the complaint is legally insufficient.
- Negotiation or Trial: Most cases are resolved through negotiation for a favorable plea. If a fair offer isn’t reached, your attorney prepares for a bench or jury trial.
- Sentencing or PTI: If convicted, your lawyer advocates for minimal penalties. For first-time offenders, Pre-Trial Intervention (PTI) may be an option for dismissal.
Potential Penalties for Assault and Battery in NJ
In Burlington County, an assault and battery conviction can result in penalties from probation to decades in prison, depending on the degree of the offense.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Simple Assault | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Probation, community service, restraining order. |
| Aggravated Assault (4th Degree) | 4th Degree Crime | Up to 18 months | Up to $10,000 | Presumption of non-incarceration for first offenders; parole ineligibility possible. |
| Aggravated Assault (3rd Degree) | 3rd Degree Crime | 3-5 years | Up to $15,000 | Presumption of imprisonment; No Early Release Act (NERA) may apply (85% served). |
| Aggravated Assault (2nd Degree) | 2nd Degree Crime | 5-10 years | Up to $150,000 | Presumption of imprisonment; NERA likely applies; significant parole supervision. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, we have a deep understanding of New Jersey’s courts. Our founder, Mr. Sris, is a former prosecutor who knows how the other side builds a case. We use that knowledge to protect your rights, challenge evidence, and pursue a favorable resolution, whether that’s a charge dismissed, reduced, or an acquittal at trial.
Case Results and Client Advocacy
Our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes. While results are always case-specific, our approach is consistent: thorough investigation, aggressive advocacy, and clear communication. We have successfully defended clients against assault charges, securing outcomes where the assault charge was dismissed or reduced to a lesser offense.
Results may vary. Prior results do not guarantee a similar outcome.
Assault and Battery Defense Lawyer Serving Burlington County
Our New Jersey location represents clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Medford. We are accessible from major highways like the NJ Turnpike and I-295.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 334-7465
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the difference between simple and aggravated assault in New Jersey?
Yes, there is a major difference. Simple assault is a disorderly persons offense handled in Municipal Court, with a maximum penalty of 6 months in jail. Aggravated assault is an indictable crime (felony-level) tried in Superior Court, with potential state prison time of 18 months to 10 years or more, depending on the degree.
Can an assault charge be dismissed in Burlington County?
It depends on the evidence and circumstances. An assault charge dismissed is possible if the evidence is weak, your rights were violated during the arrest, or the complainant recants. An experienced assault and battery defense lawyer Burlington County can file pre-trial motions to seek dismissal or negotiate for a diversion program like Pre-Trial Intervention (PTI), which results in dismissal upon completion.
What should I do if I am arrested for assault?
Remain silent and ask for a lawyer immediately. Do not discuss the incident with police or anyone else in custody. Contact an attorney as soon as possible. Your statements can be used against you, so exercising your right to counsel is the most important first step in protecting your future.
How does New Jersey’s bail reform affect an assault case?
New Jersey abolished cash bail. After arrest, a computer algorithm calculates a Public Safety Assessment (PSA) score to determine if you will be released pre-trial and under what conditions. The system is meant to be based on risk, not wealth, but the charges and your history heavily influence the score and release decision.
What defenses are available for assault and battery charges?
Common defenses include self-defense, defense of others, lack of intent, mistaken identity, or false accusation. The specific defense depends entirely on the facts of your case. A lawyer will investigate witness statements, video evidence, and medical reports to identify the strongest defense strategy for you.
Related Practice Areas: If you are facing related charges, you may need a DUI lawyer in Burlington County or a family law attorney in Burlington County.
Also Serving: Our assault and battery lawyers also assist clients in nearby areas like Hunterdon County and Somerset County.
Learn More: For an overview of our criminal defense practice, visit our New Jersey Criminal Defense Lawyer hub page.
Page Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.
New Jersey law governs this practice area.
Your case in Burlington County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Assault and Battery Defense Lawyer Bergen County, NJ · Assault and Battery Defense Lawyer Hudson County, NJ · Assault and Battery Defense Lawyer Monmouth County, NJ.