2nd Degree Aggravated Assault Charges Downgraded to Simple Assault

Hamilton NJ Simple Assault LawyersMr. Oliver, one of the founding partners at Proetta & Oliver, just resolved a case for one of their clients that originated from an incident that occurred in June of 2016. The incident involved a physical altercation between their client, his friend and his girlfriend’s father. As a result of the altercation, the girlfriend’s father suffered several broken ribs and required a dozen or so stitches to his forehead. Based on the injuries, their client and his friend were both arrested and charged with aggravated assault, in violation of NJSA 2C:12-1b(7). This is a second degree felony offense in New Jersey. If convicted, their client would be facing a prison sentence ranging anywhere from five to ten years and a fine up to $150,000. Furthermore, this offense would be subject to the No Early Release Act, which would require their client to serve at least 85% his sentence before he could become eligible for parole. While the charges were pending, their client was arrested also on two separate occasions, one of those times being for the possession of cocaine in the third degree.

After more than a year of plea discussions, motions being filed and lengthy negotiations, the prosecution agreed to amend the second degree aggravated assault to a simple assault, which is a disorderly persons offense. That is New Jersey’s version of a misdemeanor. This was a huge win for their client as he studying to take his series 7 examine and a felony conviction would have almost certainly barred such employment. Also, the felony level cocaine possession charges were downgraded to the local municipal court, where they were ultimately further downgraded to a borough ordinance. So, the their client went from facing up to ten years in prison on the aggravated assault charge plus an additional five years on the cocaine charge, to being placed on probation for two years. Needless to say, the client was extremely happy with the resolution of his case and his ability to continue on with his career.

Aggravated Assault Lawyers in Trenton New Jersey

If you have been charged with a serious crime like aggravated assault, burglary, heroin possession, cocaine possession, terroristic threats or served with a temporary restraining order in Mercer County, the Law Offices of Proetta & Oliver can help. Our Mercer County criminal defense attorneys have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey, including courts in towns like Trenton, Hamilton, West Windsor, East Windsor, Lawrenceville, Ewing, Princeton and Robbinsville. If you would like to speak to one of our attorney about your options then please contact us directly at 609-789-0779.

State v. M.M (2017)