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Simple Assault, Resisting Arrest, and Improper Behavior Charges Dismissed in East Orange

March 3, 2013

The Law Office of Randolph H. Wolf recently represented a client charged with simple assault pursuant to N.J.S.A. 2C:12-1A(1), resisting arrest pursuant to N.J.S.A. 2C:29-2A, and improper behavior pursuant to N.J.S.A. 2C:33-2A(1).   The charges went back to 1995, however, the client had failed to appear in court on the charges and a warrant was issued for his arrest.  The client recently contacted our law firm wanting to resolve the case against him.  At this point, the client was pursuing a career in nursing and wanted to clean up his record.

As a result of these charges, the client faced a fine of up to $1,000 for the simple assault charge, a fine of up to $1,000 for the resisting arrest charge, and fine of up to $500 for the improper behavior charge.  Additionally, the client faced up to six months in jail, among other fines and penalties.  More importantly, a conviction would have constituted a disorderly persons offense.  A disorderly persons offense is a criminal offense that is not expungeable until five years after the individual completes their sentence.  As the client was currently enrolled in classes, a conviction of this sort could have had disastrous consequences on his career.

After reviewing the State’s discovery, it became apparent that the State would have a hard time proving its case against the client.  We were able to work on a favorable resolution: all three charges were dismissed.  The client simply had to pay a $300 fine for contempt of court for failing to previously appear in court on the matter.  Contempt of court is not a criminal offense, so this would not have a negative impact on the client’s career.

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