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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I was charged with simple assault 2c 12-1a(1) which the prosecutor

Customer Question

I was charged with simple assault 2c:12-1a(1) which the prosecutor knocked down from: 2c:12-1B(5) A. I have never been to court and I wish to contest the whole situation , as I am Bipolar and the exchange took place as a result of me being ntoxicated and in the middle of a high manic episode. I checked myself into Carrier Mental Hospital In Belle Meade NJ within days of the incident for several days where my meds were re-adjusted.
     I did not assault anyone. I will admit, I was flailing and abusive @ the time. The cop wrote me this complaint the next day after the incident because he was pisssed off at me.
     I was charged on the night of the incident with Disorderly person 2c: -33-2a (1). It was only after I threatened to sue the cop for police brutality that I received the second complaint.
     Meanwhile I have $2500.00 in medical fees for X-Rays and MRI and ambulance fees.
Any advice would be a great help to me.
Brian D. Tague Sr. XXX@XXXXXX.XXX
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

Let me begin by urging you to retain the services of a criminal defense attorney in your area. An experienced attorney would go a long way towards protecting your rights, especially when you may have a lawsuit at the end of the criminal prosecution against the law enforcement officer.

 

You do have some possible issues for defenses. An assault is typically defined as an intentional act to place someone in reasonable fear for their safety. Based on the facts you've provided, it seems it would be difficult to prove you had an "intent' to do anything. Additionally, it would also seem difficult to prove that YOU could have placed anyone in "reasonable" fear for their safety. You alluded to another defense issue, that the officer only brought forward the charge AFTER you threatened to sue. All told, it sounds as if you have some excellent issues for a seasoned criminal defense attorney to explore.

 

As to penalties if you are convicted, it is certainly difficult to predict an outcome. However, with what seem to be weak facts, and assuming you have little to no criminal history, I would suggest probation only, no incarceration, would be a realistic result. With NO criminal history, perhaps just some fines and court costs.

 

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 3 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Relist: I still need help.
Please do not charge my Amex account 2 Xs!
Thanks!
Brian D. Tague Sr.
Expert:  Joseph replied 5 years ago.
Certainly, simply let me know what else I can do for you! I'd be happy to continuing assisting you!

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Joseph
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I have 15 years experience in criminal litigation including several years as a felony prosecutor