Oradell Simple Assault Defense Lawyers
Arrested for Simple Assault in Oradell? Call Us Now
Need an attorney for a simple assault charge in Oradell Court? We can help. Contact our experienced criminal defense lawyers now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
The criminal defense attorneys at the Tormey Law Firm LLC recently represented a young man charged with simple assault, a disorderly persons offense under N.J.S.A. 2C:12-1(a). Our client was in his early twenties with no prior criminal history and was interested in joining the armed services of the United States. A criminal charge like simple assault could significantly impact his ability to do that as well as job and school opportunities in the future. In addition, if convicted, he was facing a $1,000 fine and six (6) months in the Bergen County Jail.
Simple assault is a disorderly persons charge (misdemeanor) which is prosecuted in the Oradell Municipal Court by the Oradell Municipal Prosecutor. The State must provide all of their discovery (evidence) to the defense which includes police reports, videos, witness statements, pictures of injuries, medical records, etc. After discovery is provided, the case is scheduled for a conference with the prosecutor in court to see if the case can be resolved without a trial. Some possible resolutions are dismissal of the charges completely, a plea bargain where the defendant pleads guilty to a lesser charge, or a first time offender program where the defendant is placed on probation and the charges are dismissed at the end of the probationary period. If none of these resolutions are possible, then the case is scheduled for trial before the Oradell Municipal Court Judge. The State will present witnesses and evidence in an attempt to prove the simple assault charge beyond a reasonable doubt. The defendant, at the end of the trial, will be found guilty or not guilty. If not guilty, the charge is dismissed and the case is over. If found guilty, then the Judge will sentence the defendant with the appropriate penalties – fines, probation, and even jail time in the Bergen County jail.
Here is what happened in this case: Our client was at a family barbecue in Oradell, New Jersey located in Bergen County. There was a lot of alcohol consumption at the party, not by our client, and his “uncle”, a close family friend, was being disrespectful to some other patrons at the party. The two had words and a scuffle ensued. The police were called and our client was charged based on a “fat lip” of the other party. The alleged victim did not want to proceed with the charges and failed to appear in court. Without his testimony or any other witnesses, the State could not prove the case beyond a reasonable doubt. The charge was dismissed.
Lawyer Needed for Simple Assault Charge in Oradell NJ
We are now in the process of filing an expungement to remove the arrest so that this incident is absent from the client’s criminal history. This was a satisfying result for the client, his mother, and the Tormey Law Firm LLC.