In a recent case involving a defendant facing charges for aggravated assault in Essex County Superior Court, Tormey Law Firm attorneys Travis J. Tormey and Alissa D. Hascup served on behalf of the accused, ultimately facilitating a complete dismissal of the charges.
The Tormey Law Firm’s client was originally charged with aggravated assault in connection with a domestic violence incident that allegedly occurred between himself and his wife in East Orange, New Jersey.
Charges for aggravated assault are governed underN.J.S.A. 2C:12-1b, and in this case, the offense was categorized as a third degree indictable felony. As a result, the defendant was required to be tried in the Essex County Superior Court, located in Newark, New Jersey. If convicted, he could have been sentenced to a period of between 3 and 5 years in New Jersey State Prison.
The prosecution’s sole witness to the alleged incident was the defendant’s wife, who refused to testify against him in court. Using this as leverage, Tormey and Hascup successfully convinced the Essex County Prosecutor’s Office to downgrade the charge to simple assault and to remand the case back to the Municipal Court in East Orange.
Charges for simple assault are codified under N.J.S.A. 2C:12-1a, and are typically considered disorderly persons offenses. The penalties for those convicted of these offenses can include a fine and a maximum term of 6 months to be served in the county jail. Obviously, these penalties are significantly less severe than those associated with aggravated assault convictions.
In this case, the Tormey Law Firm was able to negotiate with the State on the client’s behalf at the municipal level as well, settling upon his attendance in eight anger management sessions in addition to a guarantee that no further incidents between the parties would occur for the next sixty days. Upon completion of these requirements, the charges against the accused were entirely dismissed.
