Simple Assault Charges under NJS 2C:12-1a Dismissed Elmwood Park Court
Client Arrested, Charged with Simple Assault in Elmwood Park
A Disorderly Persons Criminal Offense under N.J.S.A. 2C:12-1(a)
Do you need an attorney for a simple assault charge in Elmwood Park in Bergen County? We can help. Our lawyers have literally handled thousands of assault cases over the years with tremendous results. In fact, here is a simple assault case we handled for a client in the fall of 2019 with a great outcome: dismissal of the charges completely. Our client was a young woman with no prior criminal record. She allegedly got in an argument with another woman and scratched the alleged victim’s arm. As a result, she was arrested and charged with a misdemeanor assault charge known as simple assault. This case was handled in the Elmwood Park Municipal Court.
Simple assault is a disorderly persons (misdemeanor) criminal charge which is punishable by a $1,000 fine, up to 6 months in the Bergen County jail, probation, and a permanent criminal charge on your record if convicted. In addition, this could effect the defendant’s immigration status if they are not a US citizen. Also, in a domestic violence context the defendant could be prohibited from owning or possessing firearms if convicted of this offense.
We requested the discovery evidence in the case from the police department and appeared in court. The alleged victim failed to appear. Without her appearance in court to testify to the alleged assault, the State could not prove the charges. The prosecutor subpoenaed the alleged victim for the 2nd court date and again she failed to appear. At this point, we made a motion to dismiss the case for lack of prosecution. The defendant has a right to a speedy trial and they can’t keep making us come to court when the State can’t prove the case.
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The Judge agreed and granted our motion to dismiss. We then filed an expedited expungement petition with the Elmwood Park Court to have the client’s arrest expunged from her record as well. Once the expungement goes through, it is as if this unfortunate incident never happened. This was a great result for our client and the law firm.