Aggravated Assault Lawyers in Rutherford NJ
Need a Domestic Violence Attorney for Assault in Rutherford?
Have you been arrested and charged with aggravated assault in the Borough of Rutherford, in Bergen County, New Jersey? Contact us for help. Here is a real case that our assault defense attorneys successfully handled for our client.
The Tormey Law Firm recently represented a client who was facing aggravated assault charges in Rutherford, NJ. The exact charge was third degree aggravated assault. Since this is an indictable felony, a conviction could have resulted in the client being sentenced to serve between 3 and 5 years in New Jersey State Prison.
The case had an interesting twist: the charges were filed by a civilian, not police. This sort of charge is typically known as a “civilian complaint.” In this case, the civilian who filed the complaint did so roughly a year and a half after the underlying domestic violence incident.
Once the complaint was filed, the case went to the Bergen County Prosecutor’s Office in Hackensack, New Jersey. Bergen County prosecutors reviewed the file and determined that the charge should be classified as simple assault, not aggravated assault. Since simple assault is a disorderly persons offense, this meant that the case was remanded to Rutherford Municipal Court. In other words, our client was no longer facing an indictable felony, but a lesser offense roughly equivalent to a misdemeanor.
Travis J. Tormey, the firm’s founding partner, appeared in Rutherford Municipal Court and immediately filed a motion to dismiss all charges. Mr. Tormey told the judge that the statute of limitations in the case had already expired. Although the statute of limitations for aggravated assault in New Jersey is 5 years, that number is just 1 year for simple assault. Since that time period had already come and gone, the judge dismissed the case. This was an ideal outcome for the client and a significant win for the Tormey Law Firm.
One of his clients put it this way:
“Travis Tormey is an excellent attorney. He is a staunch defender of his clients. He truly believes in justice for all and protecting his clients’ rights. I would trust him with any legal matter..”
Can a Rutherford Aggravated Assault Charge be Dismissed?
Absolutely. Aggravated assault charges in Rutherford and anywhere else in New Jersey for that matter, can be dismissed with the right strategy. In the above case, the statute of limitations presented an important loophole providing grounds for a dismissal. In other cases, the argument at issue may be based on self-defense or lack of injury. In some situations, there is virtually no medical documentation or evidence to support a charge for aggravated assault. In still other scenarios, the supposed victim lacks credibility and there are inconsistencies with their version of events that can be used to support a dismissal of the charges. If the case against you is thin, the prosecutor may be open to reducing the charges because they simply don’t have enough to proceed with a request for indictment. And sometimes, you can enroll in a diversionary program if you have no prior record and after completing the necessary conditions, the charges are dismissed.
If the charges are dismissed outright, you can expunge the arrest and resulting charges from your criminal record right away. On the other hand, if you obtain a dismissal by way of a diversionary program such as Pre-Trial Intervention, you become eligible to expunge the entire case six months after successful completion. With this and many other matters related to criminal charges, our lawyers can help.
Facing 3rd Degree Aggravated Assault Charges in Rutherford, New Jersey? Contact Us Now
For more information and to speak with one of our passionate defense attorneys, contact the law offices of The Tormey Law Firm today at (201)-330-4979. Our lawyers are always available to provide free consultations and/or to schedule an appointment with you at our Hackensack offices, located in the heart of the Bergen County Justice Complex.