TJT The Tormey Law Firm Criminal Defense Attorneys

Simple Assault Defeated

“Simple assault is a good charge to fight. I have a number of advanced strategies that I use to beat these cases.”

domestic violence and simple assault

This success story might be different than your simple assault case.  However, you should watch our video series on defending assault charges to see which of my defense strategies can best apply to your case.  Also, feel free to call my office for a free consultation.

I represented a client recently in Florham Park Municipal court who was charged with simple assault arising out of an alleged domestic violence incident. Here, the police were called after a domestic dispute and the wife was charged with simple assault for allegedly assaulting her husband during an argument.

The State’s only witness was the husband who did not want to pursue any charges against his wife. In some cases, the police officer witnesses the act that gives rise to the complaint (such as an assault or terroristic threat). In those cases, the police officer can testify to his or her observations. On the other hand, in a case like this, the police are called after the fact and the officers did not witness any unlawful actions.

As a result, for the State to prove the alleged assault charges in this case, the victim must testify because any statements the alleged victim previously made to law enforcement are known as “hearsay” and are not admissible at trial. Consequently, because the husband was not willing to testify, the charge was dismissed after a 90 day “cooling off” period.

Because there were no other incidents between the parties during the 90 day period, the charges were dismissed at the end of the 90 days. Finally, sometimes in domestic violence cases the judge requires the defendant to undergo an anger management evaluation and comply with any recommendations of the evaluator. This was not necessary in this case.

The defendant has no criminal record as a result of the dismissal. The only record is of the arrest (because she was fingerprinted and processed). If she chooses, she can hire an attorney to file an expungment to have the arrest removed from her record as well. There is no waiting period to file an expungement when the case is dismissed entirely.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.