Simple Assault Charges Dismissed in Burlington County NJ
June 26, 2019
Simple Assault is one of the most commonly charged criminal offenses in New Jersey. The penalties, if convicted, carry upwards of six (6) months in the Burlington County Jail, fines, probation, community service, no contact orders and a criminal record. More often than not, these types of cases involve domestic parties (husband-wife, father-daughter, mother-daughter, boyfriend-girlfriend). This will make the case a “domestic violence” matter and trigger strict scrutiny and prosecution by the municipal prosecutor. Moreover, it can trigger a Temporary Restraining Order and the mandatory forfeiture of any weapons or guns you may lawfully own. If you or someone you love were arrested and placed in jail for Simple Assault, Harassment, Violation of Restraining Order, Aggravated Assault, Terroristic Threats or Possession of a Weapon for an Unlawful Purpose, call (609) 850-8284.
Can I Get My Simple Assault Charges Dismissed at Court Without a Trial?
Yes. Just this past week, our office was able to achieve this exact outcome for one of our clients. The facts of our case involved a father-daughter domestic relationship where our client was accused of causing bodily injury to the victim. This resulted in our client being arrested at the scene and issued charges for a “summons complaint” of simple assault, pursuant to N.J.S.A. 2C:12-1(a)(1). Once our office was hired, we immediately began our own investigation into the allegations and demanded copies of the police reports and viewed the police officers’ body-cam footage. Based on our own review of the evidence, it became clear that this was a “he said-she said” situation between the father and daughter with an element of self-defense.
During pre-trial conferences with the prosecutor in a Burlington County municipal courthouse, we successfully argued that the State and Police would not be able to prove their case “beyond a reasonable doubt” and made a motion for the charges to be dismissed. The motion was granted by the judge and we then proceeded to obtain an Expedited Expungement of the entire incident for our client.
What Does it Mean if I was Charged with a Summons Complaint?
In New Jersey, when you are arrested and charged with a criminal offense, the police officers will either issue you charges under a “Summons Complaint” or a “Warrant Complaint.” But what is the difference? Well, if you are charged with a criminal offense that is low-level like a misdemeanor (disorderly persons offense or petty disorderly persons offense), then you will typically be issued a Summons Complaint. This means that you will be released after the charges are issued and commanded to return to court at a later date.
A “Warrant Complaint” is different. It generally involves more serious crimes (first degree, second degree, third degree or fourth degree indictable offenses) or acts of domestic violence. If you are charged under a “Warrant Complaint”, then the police officers will move you to the county jail for processing and a Central Judicial Processing (CJP) date with a Burlington County Judge. This is more complicated circumstance and you should contact our office for any questions regarding any warrants or complaints under New Jersey’s Criminal Justice Reform system.
Burlington Township NJ Simple Assault Lawyers
Need help getting your criminal charges dismissed, call Proetta, Oliver & Fay today. Our attorneys have obtained dismissals of Simple Assault charges throughout Burlington County and New Jersey. Firm Partner, William C. Fay, IV, is a former New Jersey Deputy Attorney General. Mr. Fay can assist you with any case in towns like Burlington Township, Evesham, Cinnaminson, Southampton, Pemberton, Bordentown, Hainesport, Riverside, Medford and Mount Holly. Call (609) 850-8284 today for your immediate and complimentary consultation with an attorney.