[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/njcriminallawdefense.com\/blog\/second-degree-aggravated-assault-dismissed-monmouth-county\/#BlogPosting","mainEntityOfPage":"https:\/\/njcriminallawdefense.com\/blog\/second-degree-aggravated-assault-dismissed-monmouth-county\/","headline":"Second Degree Aggravated Assault Case Dismissed Before Trial in Monmouth County","name":"Second Degree Aggravated Assault Case Dismissed Before Trial in Monmouth County","description":"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\u2019s release at […]","datePublished":"2026-03-06","dateModified":"2026-03-17","author":{"@type":"Person","@id":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/#Person","name":"William Fay, Esq.","url":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Law Offices of William C. Fay IV","logo":{"@type":"ImageObject","@id":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","url":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","width":0,"height":0}},"url":"https:\/\/njcriminallawdefense.com\/blog\/second-degree-aggravated-assault-dismissed-monmouth-county\/","about":["Assault & Threat Crimes"],"wordCount":367,"articleBody":"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\u2019s 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 prisonA fine of up to $150,000Mandatory service of at least 85% of their sentence if convicted, regardless of good behavior or work creditsThe Stakes in Domestic Violence Felony CasesFelony 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\u2019s case, the evidence was strong. The client confessed to detectives, and witnesses corroborated the victim\u2019s account. Typical criminal defense strategies often challenge the evidence, but a different approach was needed here.How Pre-Trial Motion Strategy Can Change EverythingRather than try to chip away at the prosecution\u2019s evidence, Mr. Fay changed course. He dug deeper into the client\u2019s 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\u2019s mental state at the time of the incident.The OutcomeDespite challenges from the state, the court ruled in the client\u2019s favor. Mr. Fay filed a motion for dismissal, which was granted, making the case eligible for immediate expungement \u2014 the best possible outcome for the client."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/njcriminallawdefense.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Second Degree Aggravated Assault Case Dismissed Before Trial in Monmouth County","item":"https:\/\/njcriminallawdefense.com\/blog\/second-degree-aggravated-assault-dismissed-monmouth-county\/#breadcrumbitem"}]}]