How To Drop Simple Assault Charges In New Jersey

NJ Simple Assault Lawyer

How To Drop Simple Assault Charges - Overview

“How to drop simple assault charges” is a question we get asked every day. Dropping simple assault charges is possible but it is not easy. These question usually comes from a victim who does not want to go forward with a prosecution. Examples include situations where a couple argue, things get heated and one partner slaps the other. The aggressor reacted impulsively & instantly regrets his/her actions. But you can still be held criminally liable for these actions.

You could get arrested for simple assault if a police officer witnesses your actions. Or, the victim of your assault may call 911. When the police arrive they conduct an investigation. The victim states that he/she got slapped and has the reddish mark on his/her check to support the claim.

The police will question you & you may admit to slapping your partner. You might say, “Yes, I slapped him/her but I’m really sorry and it won’t ever happen again.” Even though you were sincere, everything you just said is an admission & the only evidence the police need to arrest you. Now you’re facing criminal charges in Municipal court & you want to know how to get simple assault charges dismissed.

Let’s get into it.

Simple Assault - NJSA 2C:12-1a (1)

Simple Assault –
NJSA 2C:12-1a (1)

Attempting to cause, or purposely, knowingly, or recklessly causing, bodily injury to another

In Plain English

This means that you tried & failed to hurt someone

OR that you really did hurt someone

OR you never “intended” to harm anyone but you did so anyway.

NJSA 2C:12-1a (2)

Negligently causing bodily injury to another using a deadly weapon

In Plain English

An example would be pointing your replica gun at someone to scare that person. As a result, that person suffers a nervous breakdown.

NJSA 2C:12-1a (3)

Attempting by physical menace to put another in fear of imminent serious bodily injury

In Plain English

An example would be shooting a real gun into the side of a house for the purpose of scaring the victim.

How To Drop Simple Assault Charges - Step 1) Who Filed The Complaint?

The first step in getting any type of criminal charges dismissed involves identifying how the complaint was generated. In simple assault cases, complaints will take one of two forms. Either the police conducted an investigation & generated a complaint or a private citizen went to the local police department to make a complaint. 

If a private citizen made a complaint, the police may follow up and conduct an additional investigation. It happens but it’s not common in misdemeanor cases. However, if a private citizen comes forward with aggravated sexual assault, statutory rape, or murder allegations, you can guarantee that law enforcement will thoroughly investigate these allegations.

Now, if the police respond to a 911 call or observe you committing a simple assault, they will generate a criminal complaint against you.   In the overwhelming majority of cases, the police will file simple assault charges. Most of the time their investigations are thorough, detailed, and complete. But once you identify who generated the complaint against you, you & your criminal lawyer can examine the evidence.

How To Drop Simple Assault Charges - Step 2) How Strong Is The Evidence?

Once you & your lawyer have determined whether yours is a State or private citizen complaint, the next step involves examining the evidence.

With rare exceptions, private citizen complaints are weak on the evidence. A private citizen’s investigative powers are extremely limited when compared to law enforcement. Much of the evidence that a private citizen produces is inadmissible. The criminal rules of evidence do not allow hearsay & irrelevant evidence to be used at trial. Private citizens tend to gather this type of evidence and any decent criminal lawyer can get it kicked out of the trial.

Now, if you have a police or State case, be prepared for a higher quantity & quality of evidence. When the police conduct a simple assault investigation, they will attach all of their police reports, photographs, body-cam video, and witness statements to your simple assault file. By the nature of their job, police officers are empowered to question anyone who might have information regarding their investigation & to conduct legal searches for evidence.

Although police officers conduct better investigations & gather better quality evidence than the average citizen, they still make mistakes. You must study the evidence against you carefully to find contradictions in witness statements, mistakes in police narratives, and missing or omitted evidence.

Step 3) convince the prosecutor that he/she doesn't have a case

Persuading a Prosecutor to drop your simple assault charges is possible, but it’s not easy. Persuasion is the heart & soul of plea bargaining. We never make demands on a prosecutor. Instead, we show the weaknesses in their case.

In order to successfully persuade a Prosecutor to dismiss your case, we have to provide strong evidence that shows you are innocent. We call this “exculpatory evidence”. It means, “to show that you are without guilt”.

Exculpatory evidence could take many forms.

Surveillance video: we provide the Prosecutor with surveillance videos or cell videos that show you did not commit simple assault.

For example, one of our Newark clients was charged with committing simple assault against a total stranger outside of a convenience store. 911 was called, the police showed up & observed our client holding the alleged victim in a headlock. The police grabbed our client & arrested him. 

We believed in our client’s story. He explained that he was the victim of a crime and was acting in self-defense. The convenience store did not have surveillance cameras but the auto-body shop across the street did. We got the footage and our client was absolutely telling the truth. Within minutes of getting this evidence to the prosecutor, we were able to get his simple assault charges dismissed.

Alibi Documents & Certifications:

This type of exculpatory evidence includes witness certifications stating that you were not at the scene of the crime on the date & time in question. They also include airline tickets, hotel reservations, hospital records indicating that you were elsewhere at the time of the crime.

In one of our Bergen County cases, our client was charged with simple assault on a certain date & time. He explained that he was not even in the State of New Jersey for the entire month of when the incident allegedly occurred. He gathered all of his travel proofs & we made an appointment with the prosecutor. It appears that either the alleged victim was being less than truthful or the police had a case of mistaken identity. Either way, it doesn’t matter. We got the prosecutor to agree with dropping his simple assault charges.

Communications From The Alleged Victim:

Since most of these cases involve people who know each other, the victim in your case may have sent you a communication after the incident that helps you. 

For example, one of our Jersey City clients facing simple assault charges received dozens of text messages from the alleged victim in his case after the incident.

In her messages to our client, she wrote, “I’m sorry I got you in trouble with the police, I know that it was wrong to lie about you slapping me but I was so angry that you cheated on me.”

Do you know what we did? We printed out all of these messages and showed them to the prosecutor. If this case were to go to trial, these text messages would serve as strong evidence to establish reasonable doubt. The prosecutor agreed to dropping simple assault charges.

Step 4) Filing A motion to dismiss for lack of prosecution

If we cannot persuade the prosecutor to dismiss your case, we don’t give up. Sometimes we do not have powerful exculpatory evidence & the prosecutor has no choice but to go forward. When your case goes forward, this means that the alleged victim needs to appear in court. After all, the alleged victim is the State’s star witness. Although a police officer can testify to what he/she observed after arriving on the scene, the police officer seldom is a witness in real-time. If the police officer’s testimony is only about the redness he observed on the alleged victim’s cheek, the prosecutor still needs to prove that you caused the redness.

When the alleged witness fails to appear in court, as your criminal lawyers we file a motion to dismiss for lack of prosecution. In simple terms, this means that we’re asking the judge to dismiss the case because the prosecutor cannot prove their case without their star witness.

Since simple assault cases are generally “he said, she said” cases, the only way that a court can find you guilty is if the alleged victim’s testimony is more credible than yours. Now, if the alleged victim never goes to court, then the prosecutor cannot go to trial without their victim. Courts are reluctant to grant these motions and will reschedule your case many times before granting such a motion.

One way to answer the question, “How To Drop Simple Assault Charges” is by simply stating: persistence pays off.

How To Drop Simple Assault Charges - Final thoughts

As you can appreciate, when it comes to dropping simple assault charges, there is not a “one size fits all” approach. If the alleged victim in your case insists on going to trial, then you must prepare for trial. You will have your day in court and we will prepare the best defense available. However, if the judge finds you guilty of simple assault in New Jersey, you face up to six months in jail and up to a $1,000- fine. You will get a criminal conviction and you will need to wait for 5 years before you can expunge it.

If getting your simple assault charges dropped is not an option, you may consider participation in a diversionary program. Depending on the charges you face, you may be eligible for the Pretrial Intervention or Conditional Dismissal program. After successfully completing either one of these programs, your charges will get dismissed & you will have avoided jail & getting a criminal record.

Share on facebook
Share on twitter
Share on email

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
4.9
Based on 141 reviews
B J
B J
17:00 17 Feb 21
Crashnburn973
Crashnburn973
23:01 15 Feb 21
So far so good....no complaints here...Very good people
J O
J O
17:41 11 Feb 21
I recently got into some legal trouble and was in the need of an attorney fast. Choosing a good attorney, is step 1 in achieving a favorable outcome in any case. And thankfully I made the right choice in choosing Peyrouton Law. Allan and his team are great. They set my mind at ease and they were there with me every step of the way. Allan and Samera always made themselves available for any questions or concerns I had and worked very hard to get me the best possible outcome in my case. They were very affordable and their service far exceeded the price. Thank you Peyrouton Law!
Nikki Pergaminos
Nikki Pergaminos
22:33 10 Feb 21
Mr. Peyrouton has been my attorney for the last ten years. He is very knowledgeable and has always been accessible. I am proud to know him and have him as my lawyer.
Erin Marrero
Erin Marrero
19:54 10 Feb 21
Super Helpful!!A few months ago my husband and I received a BOGUS! speed ticket. Came here explaining our situation long story short ! The ticket was dismissed and I would definitely recommend to anyone seeking professional help.
MICHAEL ANZ
MICHAEL ANZ
01:44 10 Feb 21
Joy Alarcon
Joy Alarcon
01:39 10 Feb 21
Recently I had a need for a criminal attorney and I hired Peyrouton Law Firm. This was a very stressful situation for me to go through however the entire time I had great service and quick response from this law firm. I received exceptional service also from Samera of their legal team/ paralegal staff.She provided me with steps of the entire process and gave me information to put me at ease. Thankfully my issue is resolved now and I am recommending them to all of my friends and family.
johon cano
johon cano
01:10 10 Feb 21
I had got myself into some serious trouble with criminal charges and was going to lose my awesome job because you cant have a criminal conviction on your record at my job.First I went to some jersey city lawyer who treated me horribly and tried to scare me into paying an inflated fee! my mom was with me and he was even rude to her because she has an accent.We left his office and googled more lawyersWe got really lucky when we found Alan.The guy is so awesome!He fought for me at a third of the price of the other lawyer and I was able to keep my job.He's a gentleman fighter and I totally recommend him.
Madelyn Abdalla
Madelyn Abdalla
00:40 10 Feb 21
Last year was such a difficult year for all of us with the rise of Covid-19 and the pandemic. Most businesses and the Courts were closed for months! If you had a legal matter pending during that time...trying to speak to a live person at the Court to get information or questions answered was nearly impossible! So I finally decided to hire an attorney to help! Alan and Samera are such an amazing team. They took my case and started working on it from day one! They constantly corresponded with the Court through fax and email to stay on top of my case. They made several calls throughout the day and did not stop until someone picked up or called back with information on my case. They always kept me updated and were always so nice to me. My case was over a year old and nothing was being done. As soon as I hired Alan, it was closed within 3 months!!! I'm speechless. Thank you both for doing such great work and for being so diligent. And the result was the icing on the cake! God bless and stay safe.
RUBEN CERVA
RUBEN CERVA
00:03 10 Feb 21
Thank you Alan for saving the day...again! Lol From criminal cases to traffic tickets to immigration issues etc...you always come through for me! And you always get the best results! I wish you more and more success! You'll always have me as a client and as a referral!

A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.