Unlawful Possession of a Weapon & Assault Charges Dismissed Outright

Charged with Domestic Violence Offense in West Windsor NJ?Proetta & Oliver just secured a dismissal of serious felony charges for one of their clients this past week in the Mercer County Superior Court. Our client was arrested on New Years Day and charged with three serious criminal offenses, which included unlawful possession of a weapon, possession of a weapon for unlawful purpose as well as domestic violence simple assault. Although the charges were considered “acts of domestic violence“, a temporary restraining order was not sought. The charges stemmed from an incident that took place in West Windsor Township during the early morning hours of New Years Day.

According to the police reports, the entire incident took place inside our client’s vehicle as she and the victim drove home from a New Years Eve Party. The reports alleged that following a series of verbal arguments, our client struck the victim in the face several times with a metal ice scrapper, causing bruising and large lacerations to his facial area. Once the alleged physical altercation ended, the victim was removed from the vehicle and left on the side of the road. Shortly thereafter, the West Windsor police located the victim and he was brought back to headquarters to continue further investigate. Based on the victim’s allegations, the officers arrived at our cleint’s home to take a formal statement about her versions of events. Following that statement, the officers placed our client under arrest and formally charged her with one count of unlawful possession of a weapon in the third degree, one count of possession of a weapon for unlawful purpose in the third degree and domestic violence simple assault, a disorderly persons offense. She was taken to the West Windsor Police Department, processed and released on a summons to appear in the Mercer County Superior Court to answer for the charges.

Domestic Violence Defense Attorneys in West Windsor NJ

After reviewing all the evidence provided, it was clear to us that our client was not the aggressor in the altercation and was in fact simple defending herself from the “victim”. After numerous conversations with the Mercer County Prosecutors Office about the facts of the case and the extensive proof issues, they agreed to dismiss the charges outright, without our client having to participate in a diversionary program like the Pretrial Intervention Program. So our client went from facing three to five years in prison and a $15,000 fine on each of the third degree felony charges to walking away without a blemish on her record.

In addition, our client was not only able to avoid incarceration and a felony criminal record but she was also able to avoid losing her nursing license as well. Since our client is a registered nurse, the nursing board was seeking to terminate her license as a result of the charges. But since the charges were dismissed outright, our client was able to retain her nursing license and walkaway from this nightmare without any ramifications.

Charged with Domestic Violence in Mercer County?

If you or a loved one has been charged with a criminal offense like simple assault, terroristic threats, harassment, stalking or served a restraining order, in West Windsor or elsewhere in Mercer County, Proetta & Oliver can help. To speak to one of our Mercer County criminal defense attorneys today about your options, please contact our Hamilton office at 609-789-0779 or you can contact us online. 

State v. H.M. (2018)