Fort Lee Aggravated Assault Charges
Criminal Defense Lawyers Near Me with offices in Hackensack, New Jersey
If you are facing an aggravated assault charge in Bergen County NJ, our experienced criminal defense lawyers can help.
Travis J. Tormey and Christopher Perry of the Tormey Law Firm LLC recently represented a client charged with aggravated assault under N.J.S. 2C:12-1(b) after an alleged domestic violence incident in Fort Lee, New Jersey. Our client was a young woman with no prior criminal history. She was facing years in state prison, a permanent criminal charge on her record, and potential immigration issues since she is not a United States citizen. Our client and her girlfriend had an argument and at some point mace was sprayed during the altercation. The Fort Lee police responded and charged our client was aggravated assault based on the mace being sprayed. The alleged victim suffered no injuries from the alleged aggravated assault.
The alleged victim did not want to press charges. Since she refused to testify, the State could not prove the case against our client. First, the case was downgraded from the Bergen County Superior Court in Hackensack from a felony aggravated assault charge to a disorderly persons offense for simple assault. The simple assault charge was dismissed in the Fort Lee Municipal Court after the alleged victim appeared and spoke to the prosecutor and made it clear that the charges should be dropped. We are now in the process of expunging the client’s arrest record so the incident will be completely removed from her background.
The alleged victim doesn’t want to proceed. Will the case get dismissed?
It depends. If the alleged victim wants to drop the charges in an aggravated assault or simple assault case, whether or not to drop the charges is up to the prosecutor. It will depend on the evidence in the case. If the victim refuses to testify, can they prove the case by any other means? Did the defendant make any admissions or statements admitting the assault? If so, those statements are admissible even if the victim doesn’t testify. Were there any other witnesses to the alleged assault? Such as the police officers or other lay witnesses. If so, those witnesses could potentially prove the assault through their testimony without the cooperation of the alleged victim.
If there are no statements and no other witnesses and the victim refuses to testify, the prosecutor will have no choice but to dismiss the case eventually because they will have no evidence to establish the assault charge beyond a reasonable doubt.
Falsely Arrested for Assault Bergen County NJ? Contact Us Now
If you or a loved one needs assistance with a domestic violence assault charge in Bergen County NJ, contact us today for a free initial consultation.