Morristown Simple Assault Lawyer

Arrested for Simple Assault in Morristown NJ? Call Us Now

Attorney needed for simple assault charge in Morristown? Contact us now for immediate assistance.

Travis J. Tormey and the Tormey Law Firm LLC recently helped a client beat very serious simple assault charges in Morristown, NJ. Under N.J.S.A. 2C:12-1(a), simple assault is classified as a disorderly persons offense that carries severe penalties. As a result, the client absolutely needed an experienced, knowledgeable criminal defense lawyer to help him fight the simple assault charges and avoid the most significant criminal penalties.

Our client was a young man with a good job and no prior criminal record. The problem for the client was that he still faced stiff penalties if convicted on the criminal charges: a potential jail sentence of six months behind bars in the Morris County jail, a $1,000 fine, and a permanent criminal record.

Alleged Domestic Violence Simple Assault at the Morristown St. Patrick’s Day Parade

These were the facts of the case: The client and his wife had gone to the St. Patrick’s Day Parade in Morristown, New Jersey. While attending the festivities, the client and his wife both consumed some alcohol. At some point, the client’s wife expressed her desire to leave the parade, prompting an argument with the client. While walking home, the client and his wife were observed by two Morristown police officers. According to the Morristown NJ cops, the client pushed his wife. Although the client’s wife did not fall to the ground or suffer any injuries, the client was still charged with simple assault.

Domestic Violence Simple Assault – Mandatory Processing on Warrant – Morris County Jail

Because this was an alleged domestic violence incident, the simple assault charge must be processed on a warrant (as opposed to a summons). On a summons, the defendant is fingerprinted and processed and released with a mandatory court appearance. On a warrant, on the other hand, the defendant is processed and then tranferred to the Morris County jail. The defendant’s bail must then be reviewed within 24-48 hours. In most cases, the defendant will be released at that bail review hearing with certain conditions (reporting to probation, no contact with victim, etc.) and a court date. However, in some cases where the defendant has a substantial criminal history or there are multiple incidents of domestic violence between the parties, the State may move for detention asking the Judge to hold the defendant while the case is pending.

In that case, a detention hearing will be scheduled within five (5) days of the bail review. At the detention hearing, the State will argue that the defendant is a danger to the community and a flight risk and should be held in the Morris County jail while the case proceeds in court. The defense attorney will argue for the defendant’s release. The Judge will determine if the defendant can be released with certain conditions that will ensure they appear in court and no other crimes are committed.

In this case – State Could Not Sustain Burden of Proof – Beyond a Reasonable Doubt

Travis Tormey and the Tormey Law Firm were able to get the charges against the client dismissed because the State was not going to be able to meet their burden of proof: the client’s wife was not going to testify against her husband and the alleged victim in the case did not actually suffer any injuries as a result of the minor incident.

If the police officer’s had witnessed the alleged assault themselves, they could have testified to it in court and the State could have proceeded to trial. However, in this case they did not. As a result, if the alleged victim refused to testify in court, the State had no other evidence to present to the Judge to sustain a simple assault conviction.

Need Lawyer for Simple Assault Charge Morristown NJ

The outcome of this case was a tremendous outcome for the client, who was able to keep his record clear of a criminal conviction. Now the client will have the ability to file an expungement and get the arrest removed from his record. Because the case was dismissed outright without any guilty plea or the use of a first offender (diversionary program), there is no waiting period under NJ law and the client can file for an expedited expungement immediately to have the arrest removed from his record.