“Since Aggravated Assault is considered a violent crime in the State of New Jersey, a conviction on Aggravated Assault charges could have serious repercussions. Not only will you be looking at serious jail time; you will also have a violent crime conviction on your permanent record.”
The Tormey Law Firm recently represented a client who had been charged with third degree aggravated assault in Passaic County, New Jersey.
The assault charges stemmed from a fight at a college party at Montclair State University. Unfortunately for our client, he faced severe penalties. As set forth by N.J.S.A. 2C:12-1(b), this type of aggravated assault is considered a third degree felony. This meant that a conviction could have resulted in our client being sentenced to 5 years in NJ State Prison. Additionally, since the client was already on probation in Union County for a similar charge, he also faced a mandatory sentence of 180 days in the county jail for violating his probation.
After the client retained the Tormey Law Firm, we immediately began his defense. Our first court appearance on his behalf was at a pre-indictment conference in the Passaic County Superior Court in Paterson, NJ. The prosecutor offered a plea deal that would have required our client to serve 3 years in state prison, as well as an additional 180 days in the Union County Jail for the probation violation. We rejected the prosecutor’s plea offer and requested that the case be marked for a Grand Jury.
In the meantime, Travis J. Tormey, the founding partner of the Tormey Law Firm, scheduled a meeting with the arresting detective so that we could get his official statement. Mr. Tormey then located five witnesses who challenged the official version of events. These witnesses were adamant that our client had acted in self-defense and that the alleged victim in the fight was actually the aggressor. Mr. Tormey provided police with this new information, which prompted the detective to charge the “victim” with assault.
We then convinced the Passaic County Prosecutor’s Office to downgrade our client’s aggravated assault charges to simple assault. This was a big deal because it meant that our client no longer faced felony-level charges. The case was soon transferred from the Passaic County Superior Court to the Little Falls Municipal Court. Both parties eventually agreed to drop the charges against each other. Thanks to Mr. Tormey’s efforts, the client avoided a probation violation and stayed out of jail.
This was a fantastic outcome for our client and his family. It was also a big success for the Tormey Law Firm.