Aggravated Assault & TRO Dismissed in NJ
Monmouth County NJ Assault Defense Attorneys
One of Mr. Oliver’s clients was arrested and charged with aggravated assault by pointing a firearm, simple assault, criminal restraint and served a Temporary Restraining Order (TRO) following a domestic incident with his then girlfriend. The “victim” alleged that the Defendant had not only threatened her by pointing a load firearm at her head but also struck her several times with a closed fist and physically restrained her from leaving his residence. It was readily apparent that the victim’s version of events did not match up with the physical evidence or should we say, lack their of. It was obvious at the outset that it was impossible for the altercation to take place in the location where the victim alleged it took place.
With any domestic incident, the temporary restraining order was the first issue to litigate. During the hearing, the victim would be seeking to have the Judge impose a final restraining order (FRO) against the Defendant based on the previously mentioned allegations. This was rather significant for the Defendant as he was ex-law enforcement and obviously owned several firearms. If the FRO was granted, the Defendant would be forced to forfeit his firearms and would almost certainly be barred from every being involved with law enforcement. Mr. Oliver and the victim’s attorney engaged in rather extensive negotiations over the victim’s version of events and the evidence that would be introduced into the hearing. After discussing the matter with her attorney, the victim decided that rather than commit perjury, she would dismiss the TRO in its entirety.
After the TRO was dismissed on the victim’s motion, Mr. Oliver now had to deal with the criminal charges. The allegations that formed the basis of the charges were extremely serious. The aggravated assault based on a “pointing” of the firearm requires a mandatory eighteen month prison sentence with a mandatory eighteen month parole ineligibility if convicted. Not to mention that the criminal restraint charge is a third degree felony offense and if convicted, the Defendant would be facing up to five years in prison as well on that charge. Based on the major inconsistencies in the victim’s version of events and the physical evidence provided, the prosecutor’s office agreed to dismiss all charges outright. This was a major victory for the Defendant.
Aggravated Assault Lawyers in Monmouth County NJ
If you or a loved one has been arrested and charged with a criminal offense like aggravated assault, terroristic threats, unlawful possession of a weapon or served with a temporary restraining order in Monmouth County, the Law Offices of Proetta & Oliver can help. Our attorneys treat every client like they are our only client. We are dedicated to giving each and everyone of our clients the attention that their cases deserve but also need. Our law firm offers clients the experience and poise typical at big firms, but with the individual client service of a smaller office where your case will not be juggled back and forth between a half dozen attorneys who do not know you or the facts of your case. If you would like to speak to Mr. Oliver or one of the other Monmouth County criminal defense attorneys on staff, then please contact us at (732)858-6959. We serve all of Monmouth County including Middletown, Holmdel, Asbury Park, Long Branch, Neptune, Wall Township, Ocean Township and Howell.
State v. J.Y