Teaneck NJ Resisting Arrest and Simple Assault Charges Dismissed

NJ Criminal Defense Lawyers

* Results may vary depending on your particular facts and legal circumstances. *

Ms. Hascup’s client was arrested following a concert in Teaneck NJ. The State claimed that a fight broke out as the concert was ending and that her client was responsible for assaulting a security guard during the altercation. The State further claimed that her client then resisted arrest by failing to cooperate with officers from the Teaneck Police Department who were attempting to take him into custody. Her client was ultimately charged with Resisting Arrest and Simple Assault, both disorderly persons offenses.

A disorderly persons conviction in the State of New Jersey means exposure of up to six months in the county jail and fines of up to $1,000. It is also the equivalent of a misdemeanor on your criminal record and can have obvious and serious collateral consequences.

Ms. Hascup appeared in court with her client and initially spoke to the arresting officer. She explained to him that her client (a former member of the armed services who was recently honorably discharged after completing a tour overseas), was simply trying to leave the concert on the night of the incident when an altercation broke out. His natural instinct was to attempt to break it up, at which point, he was approached from behind by a security guard. Most notably, the security guard was dressed in all black – he had no identifying clothing or insignia. Thinking that he was being attacked from behind, my client simply shoved the security guard. Clearly, a reasonable person would agree that he believed he was acting in self-defense.

Ms. Hascup then spoke to the municipal prosecutor. She again highlighted her client’s military background, and further highlighted that he had absolutely no prior involvement with the criminal justice system in any state, including New Jersey. Lastly, she highlighted the fact that the security guard suffered absolutely no injuries as a result of the incident – and didn’t even show up for court when noticed to do so. After speaking with the arresting officer, she agreed to dismiss all charges in the interest of justice.

Because of the dismissal, he was eligible to seek an expungement immediately, which will serve to remove the entire incident from his record.

It was a great outcome for the client.