Millburn Domestic Assault under N.J.S.A. 2C:12-1(a)
Handling Domestic Violence Criminal Charges in Millburn Municipal Court
Domestic Assault Case Dismissed Millburn NJ
Do you have a simple assault charge and/or a restraining order based on domestic violence allegations in Millburn or another town in Essex County? If you are seeking legal help with this serious situation, you’ve come to the right place. Here is a case we successfully handled for a client in a similar situation in Millburn, NJ.
The NJ domestic violence lawyers at the Tormey Law Firm recently represented a client who was facing a disorderly persons criminal charge for simple assault under N.J.S.A. 2C:12-1(a) in the Millburn Municipal Court. The complaint arose out of a dispute with his wife. There have never been any domestic incidents involving these parties in the past as this was their first interaction with the Millburn police department and the criminal justice system.
Our client was not a United States citizen so a conviction for this simple assault charge could have serious implications on his immigration status. In addition, he would be facing a permanent misdemeanor charge on his record, up to six (6) months in the Essex County Jail, and a $1,000 fine.
Fight a Simple Assault Charge in Millburn Municipal Court
After hiring the Tormey Law Firm LLC to represent him on his simple assault charges in Millburn Court, we entered a letter of representation and “not guilty” plea on behalf of our client. In addition, we sent in a discovery request to the Millburn Police Department requesting all of the evidence the State has in their possession which they are required to turn over. Once the discovery is provided, the case is scheduled in Millburn Court for a status conference with the prosecutor to determine how the case will proceed. The case can be dismissed, downgraded, a first offender program may be possible, or, if the case is not able to resolve, then it will be scheduled for a trial with the Judge. In municipal court, there is no jury. The trial is held before the Judge who determines the defendant’s guilt or innocence beyond a reasonable doubt.
Luckily, in this case, his wife did not have any injuries from the alleged assault. In addition, she did not want to proceed with the case and was unwilling to testify against the defendant. As a result, the prosecutor agreed to a “carry order” whereby the charges are carried for 60 days. Our client completed some counseling and anger management and, as long as there were no other incidents between the parties, the case would be dismissed. When we appeared in court again after the carry order and provided proof that the counseling was completed by the defendant, the charges were dismissed. Then, our client was able to file for an automatic expungement with the court to have the arrest expunged from his record as well. This was a great result for our client and the Tormey Law Firm LLC.
Here is a review from our very satisfied client:
“Travis gave me good suggestions, answered my questions and helped me relieve my concerns and eventually had my case dismissed. Thank you!”
Lawyer needed for domestic violence case in Millburn? Contact Us
If you want someone to aggressively fight the domestic violence allegations you are facing in Millburn or elsewhere in Essex County, our experienced attorneys are here for you. We handle all aspects of domestic violence cases, including assault charges and restraining orders, against our clients and we are prepared to fight for you. Contact us at (908)-336-5008 for a free consultation regarding your case. Available 24/7 to provide immediate assistance.
