Tormey Law Firm Secures Not Guilty Verdict for Client Charged with Simple Assault in Mountainside, NJ
Disorderly Persons Arrest under N.J.S. 2C:12-1a
Falsely accused of simple assault in NJ? We can help.
Travis J. Tormey represented a client in Mountainside Municipal Court on a simple assault charge. Mr. Tormey’s client was accused of violating N.J.S.A. 2C:12-1(a), which governs simple assault in New Jersey. If convicted, he was facing up to six (6) months in county jail and a permanent criminal charge on his record. Since the alleged victim refused to negotiate regarding the charges, the case proceeded to trial.
On a disorderly persons offense in New Jersey, a defendant is not entitled to a jury trial. As a result, this case was tried before the local municipal court judge in Mountainside, NJ. Mr. Tormey’s client was at a storage facility on Route 22 in Mountainside when an argument ensued with another man. The men wrestled around on the ground for a minute or so before the altercation was over. The police were called to the scene, where they interviewed all parties involved. The parties declined to press charges, and everyone was allowed to go their separate ways. However, the alleged victim later decided to file charges, known as a civil complaint, alleged aggravated assault.
Morristown Attorneys Who Will Fight To Get Your Simple Assault Charges Dismissed
Mr. Tormey persuaded the Somerset County Prosecutor’s Office to downgrade the aggravated assault charge to simple assault. As a result, the case was heard in the local municipal court, not the county superior court. The alleged victim claimed to be suffering from serious injuries, including hearing loss. He said that his “head was bashed into the concrete close to a dozen times,” yet he somehow did not go to the hospital or receive any medical treatment until almost a week later. After hearing testimony from the defendant, his wife, the alleged victim, and the police officers who were called to the scene, the judge dismissed the charges.
Needless to say, the client and his family were extremely satisfied with the result in this case. The positive outcome represented a major victory for the Tormey Law Firm.