Aggravated Assault: N.J.S.A. 2C:12-1b Dismissed

Keith G. Oliver from my office just finished representing an individual who was charged with simple assault, in violation of N.J.S.A. 2C:12-1a(1); aggravated assault by pointing a firearm at another individual, in violation of N.J.S.A. 2C:12-1B(4) and criminal restraints, in violation of N.J.S.A. 2C:13-2A. The victim in this matter also was issued a temporary restraining order against the defendant. All of the aforesaid charges arise from an alleged domestic violence incident between an ex-boyfriend and ex-girlfriend. If convicted of these charges the defendant could be sentenced up to seven years in a New Jersey State Prison. In addition, if the temporary restraining order became a final restraining order, then the defendant would be forced to give up certain rights; including his right to possess any firearms (guns) and since the defendant was ex-law enforcement this would have a devastating impact on his life.

The alleged incident occurred at the defendant’s home. The victim in this matter appeared at the defendant’s home in an attempt to rekindle their relationship, which had ended about a month prior too. It was at this point that the victim alleged that the defendant assaulted her and would not allow her to leave his residence. A careful review of the evidence by Mr. Oliver showed a completely different story. Fortunately for the defendant we were able to point out that the way the victim alleged the facts occurred was impossible. When confronted with all of the information provided by my office, the victim was forced to tell the truth about the entire incident. Once the truth was revealed, the Prosecutor’s office had no choice but to dismiss the charges since the victim had completely fabricated the entire incident. In addition, the temporary restraining order was dismissed outright and therefore never became a final restraining order. As a result the weapons forfeiture hearing was also dismissed. In conclusion, the defendant went from facing up to seven years in a new jersey state prison and forfeiting all his weapons to a complete dismissal of all charges. 

The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense firm with a long track record of success. We have over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you or someone you know has been charged with a criminal offense in New Jersey we can help. Please contact any one of our Bergen County Offices for a free initial consultation with any one of our eight criminal defense attorneys.