William Fay, Esq., recently secured the dismissal of a second-degree aggravated assault charge arising out of an alleged domestic violence incident in Monmouth County.
In this case, the client was charged with attacking a sibling with a blunt object and knocking them unconscious. Despite a lengthy criminal history, William Fay secured the client’s release at the pre-trial detention hearing and, with strong testimony from medical experts, won a full dismissal with eligibility for immediate expungement.
What Is Second Degree Aggravated Assault in New Jersey?
Under New Jersey law, second-degree aggravated assault is a violent offense involving the use of a weapon with the intent to cause serious bodily injury. This is a very serious offense, which is always charged as a felony and carries the presumption of incarceration, meaning even a first-time offender faces prison time.
If convicted, the client would have faced:
- Between five (5) and ten (10) years in state prison
- A fine of up to $150,000
- Mandatory service of at least 85% of their sentence if convicted, regardless of good behavior or work credits
The Stakes in Domestic Violence Felony Cases
Felony cases involving domestic violence have consequences extending beyond prison time. Offenders may face restraining orders, lose the right to own firearms, and have damaged relationships with loved ones. Even when acquitted, the damage to their reputation can be significant.
In the client’s case, the evidence was strong. The client confessed to detectives, and witnesses corroborated the victim’s account. Typical criminal defense strategies often challenge the evidence, but a different approach was needed here.
How Pre-Trial Motion Strategy Can Change Everything
Rather than try to chip away at the prosecution’s evidence, Mr. Fay changed course. He dug deeper into the client’s medical and mental health history. The investigation revealed the client had a documented history of treatment for mental health issues. At that point, Mr. Fay retained a medical expert to evaluate the client’s mental state at the time of the incident.
The Outcome
Despite challenges from the state, the court ruled in the client’s favor. Mr. Fay filed a motion for dismissal, which was granted, making the case eligible for immediate expungement — the best possible outcome for the client.
