NJSA 2C:12-1a Simple Assault Charges Dismissed
Carlstadt Municipal Court in Bergen County, New Jersey
Christopher Perry of the Tormey Law Firm LLC recently represented a client charged with simple assault, a disorderly persons offense, under N.J.S.A. 2C:12-1(a). This criminal offense is subject to the following penalties if convicted: up to a $1,000 fine, up to six (6) months in the Bergen County Jail, possible probation, and a permanent criminal charge on your record. This criminal charge will show up on a background check, known as a criminal case history (“CCH”), for things like work, school, and traveling in and out of the country. This offense may be expunged after 5 years if you are eligible based on anything else that may be on your record
Our client and his wife were having marital problems and there was an altercation and the police were called. He was charged with simple assault for allegedly grabbing her which left a bruise. However, she admitted to police to biting him which drew blood and she was not charged in the incident. As a result, our domestic violence defense lawyers were ready and able to file aggravated assault charges against her based on the assault and injuries that occurred. That would be a felony charge and a lot more serious than the simple assault offense. Rather than deal with those consequences, the wife agreed to dismiss the complaint. The parties are getting divorced regardless so there will be no future incidents of domestic violence.
This was the correct result in this case. The client was very satisfied as he was able to preserve his clean criminal record.