Fort Lee Domestic Violence Aggravated Assault Charges NJ
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.
Domestic Violence Aggravated Assault under NJSA 2C:12-1(b)
Travis J. Tormey 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. Also, is there any video evidence of the alleged assault?
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.
Is a Domestic Violence Restraining Order separate from an Aggravated Assault Charge?
Yes. A temporary restraining order (TRO) is a separate case from an aggravated assault criminal charge. A restraining order is handled in the Superior Court, Family Division, by a Family Court Judge. This is a civil case which must be proven by a preponderance of evidence which is a more likely than not standard of proof. The criminal charges, on the other hand, must be proven beyond a reasonable doubt. Felony aggravated assault charges in Fort Lee are prosecuted by the Bergen County Prosecutors office in the Bergen County Superior Court. Fort Lee Simple assault charges are prosecuted by the Fort Lee Municipal Prosecutor in the Fort Lee Municipal Court.
NOTE: These cases are completely separate and are not contingent on each other. An FRO can be granted while the criminal case is dismissed and vice versa. It all depends on the elements required to prove each offense and the standard of proof in each court.
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.
