Simple Assault Charges Dismissed in Morris County, NJ

Criminal Defense Lawyers with offices in Morristown, New Jersey

Arrested Charged Simple Assault Morristown NJ help

Simple Assault Charges Morris County NJ

Arrested for simple assault in Morristown NJ? We can help. Our lawyers have literally handled thousands of these cases over the years throughout Morris County including in Denville, Dover, Mount Olive, Roxbury, and Parsippany. Don’t let this criminal charge end up on your permanent record. Here is an example of a simple assault arrest that we successfully handled for a client in the Morristown Municipal Court.

Simple Assault – A Disorderly Persons Offense (Misdemeanor)

Travis J. Tormey of the Tormey Law Firm LLC recently represented a client charged with simple assault, a disorderly persons offense under N.J.S.A. 2C:12-1(a). The client was a young professional with no prior criminal history. If convicted of this charge, he would face a $1,000 fine, up to six (6) months in the Morris County Jail, and a permanent criminal charge on his record (which could be expunged after 3-5 years in certain circumstances).

Arrates for Assault during St. Patrick’s Day Parade in Morristown NJ

The client and his wife were celebrating at the St. Patrick’s Day Parade in Morristown, New Jersey. There was obviously some alcohol consumption by both parties. The wife wanted to leave and go home and the husband wanted to stay out a little longer. As they were walking back to their apartment in Morristown, their verbal argument was observed by Morristown police officers and, according to their reports, the client pushed his wife as they were walking down the street. She did not fall, get hurt, or have any injuries from this “push”. Based on this evidence, and the fact that the wife did not want to press charges and was not willing to testify against her husband, the charges were dismissed in the Morristown Municipal Court.

Now, the client can file an expungement to have the arrest record removed and then the incident is completely removed from his permanent record.

State unable to Prove Simple Assault Beyond a Reasonable Doubt – Case Dismissed

Once we were hired to handle the case, we requested all the discovery – all of the evidence the State possesses and intends to rely upon to prove the charges in court. This includes police reports, videos, bodycam footage, witness statements, pictures of injuries, etc. Then, the case is scheduled for a court date to speak to the prosecutor and see if the case can be resolved without a trial. In a domestic violence case like this, the alleged victim also appears in court and speaks to the prosecutor about their wishes. If the victim fails to appear, this can impact whether or not the State can proceed with their case – if they have enough evidence, etc. In this case, the alleged victim appeared and wanted to dismiss the charges.

It is not up to the victim. It is up to the prosecutor who represents the State of NJ. However, prosecutors will usually consider the victim’s wishes, speak to the arresting police officer, and examine what other evidence they have (besides the victim’s testimony) to try to prove their case beyond a reasonable doubt. Here, the prosecutor decided that it was best to dismiss the charges.

Arrested for Simple Assault Morristown New Jersey – The Tormey Law Firm Can Help

If you or a loved one is facing a misdemeanor simple assault charge in Morris County NJ, contact the Tormey Law Firm now for immediate assistance at 908-336-5008. We have offices conveniently located in Morristown, NJ and the initial consultation is always provided completely free of charge.

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Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.