Arrested for Aggravated Assault in Parsippany?
“In this case, we represented a client who was facing a 4th degree felony assault charge in Parsippany as well as multiple disorderly persons offenses (misdemeanors). We got his felony charge downgraded and obtained his admission into a first offender program known as a conditional dismissal. When he completes that, he will have no criminal record.”
Have you been arrested and charged with aggravated assault in Morris County? Travis J. Tormey can help. Here is a real case Mr. Tormey successfully handled for one of our clients who was facing charges for aggravated assault on a police officer arising out of Parsippany, New Jersey.
Our client was having dinner and drinks with his girlfriend at Ruth’s Chris steakhouse in the Parsippany Hilton. They got into an argument and the police were called based on the disturbance created at the establishment. Then, when the officer’s attempted to place him under arrest for disorderly conduct, he allegedly flailed his arms and legs and kicked one of them in the right leg.
4th Degree Felony Aggravated Assault on a Police Officer
The client was facing three charges for this incident including a fourth degree felony charge for aggravated assault on a police officer (under N.J.S.A. 2C:12-1B(5)(A)) as well as obstructing the administration of law, a third degree felony in violation of N.J.S.A. 2C:29-2(a)(3)(a), and a misdemeanor charge for disorderly conduct under N.J.S.A. 2C:33-2(a)(2).
Penalties for Aggravated Assault on Police – a Fourth Degree Crime
The client had 2 felony charges and a disorderly persons misdemeanor charge. As a result, he was facing the following penalties:
3rd Degree Obstructing the Administration of Law
- $15,000 fine
- 3-5 years in prison
- permanent felony charge on record
4th Degree Aggravated Assault on a Police Officer
- $10,000 fine
- up to 18 months in prison
- permanent felony on record
- $500 fine
- up to 30 days in Morris County jail
- permanent charge on record
The client was facing 3-5 years in NJ state prison on the third degree felony and up to 18 months in prison on the 4th degree felony. As you can see, these are very serious charges with serious consequences if he is convicted. Luckily, we were able to convince the Morris County Procutor’s office, based on his completely clean record and the circumstances of the arrest, to downgrade the two felony charges back to Parsippany Municipal Court as disorderly persons (misdemeanor) level charges.
The Conditional Dismissal Program for First Time Offenders
Now, he was facing three disorderly persons offenses as opposed to felony charges. However, these misdemeanor charges would still show up on his record if he was convicted. Then, when we appeared in Parsippany Court, we applied him for the conditional dismissal program since he is a first time offender.
In order to qualify for a program like this, you must have a clean record. In addition, you must not have used a diversionary program in the past as you can only get the benefit of something like this once in your life.
The prosecutor spoke to the police officers involved and they had no objection to him receiving admission into the program. As a result, the Judge placed him into the conditional dismissal program and put him on probation for one year. When he stays out of trouble for one year, meaning no other arrests, the charges will be completely dismissed.
Lawyer needed for disorderly conduct charge in Parsippany? Contact Us
Then, he can expunge his arrest six (6) months after he successfully completes his probationary period. This was a great result for our client and our law firm. If you or a loved one has been arrested for a criminal offense in Morris County, contact us now for a free consultation.