Domestic Violence Defense Lawyers in Essex County NJ
Handling Aggravated Assault and Terroristic Threats Charges in Newark, NJ
Do you need a lawyer for an aggravated assault charge in Essex County? We can help
The Essex County criminal defense lawyers at the Tormey Law Firm recently represented a client who was charged with third degree aggravated assault as well as third degree terroristic threats arising out of Orange, NJ in Essex County. This was an alleged domestic violence incident and our client was facing 5 years in prison on each third degree charge. Our client is an active member of the United States Navy and a felony conviction for either of these charges would jeopardize his career in the military.
The alleged victim in this matter did not want to proceed with the charges. As a result, we were able to convince the Essex County Prosecutor’s office to downgrade these two felony charges to disorderly persons (misdemeanor) offenses and send them back to the Orange Municipal Court for disposition.
Our client agreed to take 12 anger management counseling sessions and they carried the case for several months to ensure that no other incidents of domestic violence occurred. Then, we appeared in court with proof of the anger management sessions and, since there were no other incidents between the parties, the Judge dismissed the charges completely. Our client now applied for an immediate expungement to have the arrest removed from his record as well.
Frequently Asked Questions About Aggravated Assault and Terroristic Threats Charges in Essex County, NJ
What are the penalties for third degree aggravated assault in New Jersey?
A third degree aggravated assault charge in New Jersey carries up to five years in prison. A felony conviction can also have lasting consequences on your career, housing, and ability to obtain professional licenses, particularly for active military members whose service could be jeopardized.
What are terroristic threats charges in New Jersey?
Terroristic threats is typically a third degree criminal charge in New Jersey that carries up to five years in prison. It often arises alongside other charges such as aggravated assault, particularly in cases involving alleged domestic violence incidents.
Can felony domestic violence charges be downgraded in Essex County?
Yes. In some cases, the prosecutor’s office may agree to downgrade felony charges to disorderly persons (misdemeanor) offenses and send the case back to municipal court for disposition. This outcome often depends on the circumstances of the case, the alleged victim’s willingness to proceed, and the strength of the defense attorney’s negotiations with the prosecutor.
Can domestic violence charges be dismissed if the victim doesn’t want to press charges?
While the alleged victim’s preference not to proceed can influence the outcome, it does not automatically result in a dismissal. However, it can be a significant factor when negotiating with the prosecutor’s office to downgrade or dismiss the charges. An attorney can use this along with other factors to pursue the best possible result.
Can an aggravated assault arrest be expunged in New Jersey?
If the charges are dismissed, you may be eligible to apply for an immediate expungement to have the arrest removed from your record. This is an important step to protect your background from showing a criminal arrest, particularly for those in careers where a clean record is required.
What is the difference between a felony and a disorderly persons offense in NJ?
A felony, known as an indictable crime in New Jersey, is handled in Superior Court and carries penalties ranging from prison time to significant fines. A disorderly persons offense is a misdemeanor handled in municipal court with lesser penalties. Having felony charges downgraded to disorderly persons offenses can dramatically reduce the consequences you face.
Help, Arrested for Terroristic Threats in NJ? Contact the Tormey Law Firm Today
This was a great result for our client and the Tormey Law Firm LLC. If you or a loved one needs assistance with an aggravated assault or terroristic threats charge in Essex County NJ, contact our Newark offices anytime for a free initial consultation at 201-556-1570.
Legally Reviewed By:
Travis J. Tormey, Esq.
Criminal Defense Attorney | New Jersey