New Jersey Criminal Defense Lawyers Kearns Rotolo Law Home
Assault
Assault is defined as attempting to cause, or purposely and knowingly causing, bodily injury to another person without legal justification. These charges can lead to serious consequences, and it would be prudent to retain the representation of counsel experienced in this area of law. Anthony P. Kearns III, Victor A. Rotolo and the attorneys at Kearns Rotolo Law have that experience.
Prior to joining the Firm in January 2022 as managing partner, Anthony P. Kearns held the distinction of being the longest serving Prosecutor for Hunterdon County, having been appointed to that position for two consecutive terms. As Chief Law Enforcement Officer in the County he has the experience and insight into the way the State prepares its cases, which he uses to mount powerful defenses for charges filed against his clients.
As Prosecutor, Mr. Kearns led a team of 9 assistant prosecutors and approximately 30 detectives with the goal of investigating, prosecuting, and preventing criminal activities within the County. During this time, he worked in partnership with other area leaders to implement community programs aimed at improving the quality of life for all Hunterdon County residents.
Mr. Kearns was also Deputy Attorney General for the State of New Jersey (1999 – 2002), prosecuted for the Board of Medical Examiners of the State of NJ and other professional boards, as well as cases for the Division of Youth & Family Services (now the Division of Child Protection & Permanency (DCPP)). Additionally, he served as a Member and President of the County Prosecutors Association of New Jersey (2013 – 2014) and the NJ State Delegate to the National District Attorneys’ Association (2017 to 2019). A member of the Executive Board of the Hunterdon County Bar Association from 2005 through 2015, Mr. Kearns served as President of that Association from 2009 through 2010.
Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023, marking his eighteenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]
Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:
- been a member in good standing of the New Jersey bar for over 5 years
- demonstrated a substantial level of experience in civil trial law
- been favorably evaluated by other attorneys and judges familiar with his or her work
- taken and passed a written examination in civil trial law."
Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.
Degrees of Assault
Actions that may constitute assault can range from spitting in someone’s face to an attack with a deadly weapon resulting in non-serious bodily injury. There are varying degrees of assault:
• Simple assault
• Aggravated assault
• Assault by auto or vessel
Simple Assault
A simple assault is considered a disorderly persons offense punishable by up to six months in jail and up to $1,000 in fines. Examples of simple assault include threatening to inflict harm on someone, hitting, slapping, or pushing. Often a charge of simple assault will result from fights in which participants have mutually engaged. Simple assaults usually result in minor injuries.
Aggravated Assault
Aggravated assaults, on the other hand, occur when a person causes or attempts to cause serious bodily injury upon another person or causes non-serious injury with the use of a deadly weapon. Serious bodily injury is defined as an injury that carries a substantial risk of death or that causes serious and permanent disfigurement or the extended loss or impairment of the function of a body part or organ.
In New Jersey, aggravated assault is an indictable offense. Depending on circumstances surrounding the assault, a person can face second, third, or fourth-degree charges. Some examples of aggravated assault include:
• Attempted murder
• Poisoning, including the administering of date rape drugs
• Assault with a deadly weapon
• Maiming
• Deliberately attempting to inflict a communicable disease through biting, spitting, etc.
The Consequences
Being convicted of assault carries serious penalties of fines and jail time ranging from 6 months to 20 years, depending on the severity of the charges. A record of conviction can also affect your ability to get an education or secure employment or housing. Representation by an experienced criminal attorney can help protect your rights.
Anthony P. Kearns, Victor A. Rotolo, and the attorneys at Kearns Rotolo Law have the experience needed to represent you against assault charges in a court of law. Call Kearns Rotolo Law to discuss the particulars of your case today.
