Legal Question in Criminal Law in New Jersey

First Offense - 3 charges

I am being charged with simple assault, criminal threatening, and resisting arrest. I am taking Lexapro, Wellbutrin, and Xanax for anxiety. I was drinking and my husband (soon to be X)came to gather belongings. I called the police because he was trespassing (totally intoxicated) - and I scratched him on the neck which I have no recollection of. When the police arrived they areested me even though my spouse did not want to press charges. Police said I resisted arrest by pulling hands away, and that I told the police that I was going to ''kick his ass'' in the car on the way to jail - and he was threatened by it, hence the criminal threatening. I have nothing at all on my record, not even a parking ticket now - the police made up some lies in his report which I can not prove. How can I minimize the impact of my drunk/drug induced behavior? What can I expect and how can I keep the damages at a minimum. Thank you


Asked on 10/11/06, 8:19 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: First Offense - 3 charges

I hate to sound like a broken record, but without a good attorney, you are going to have a hard time getting that far. First, upon any sign of injury (red marks, bruises, etc) they have to sign DV charges even if the alleged victim does not want to go forward. In addition, your other charges are against the police themselves, and they are not going to be ready to listen to you and your explanation. I strongly suggest you meet with an attorney as soon as possible so he or she can get in front of these charges as soon as possible. Feel free to call me at 732/247/3340 and we can discuss your case. My initial consultations are always free.

Read more
Answered on 10/11/06, 9:43 pm
Gary Moore Gary Moore Attorney At Law

Re: First Offense - 3 charges

There are domestic violence guidelines which the police are required to follow which mandate that the police arrest the uninjured person when they respond to a report of domestic conflict and they see that the other domestic partner has visible physical injury.

Your use of medications which would impact on your judgment and behavior is a mitigating factor which must be developed and proven by medical records; a doctor's written opinion and your prior spotless record.

Hire a good attorney.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 10/11/06, 11:07 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: First Offense - 3 charges

These are very serious charges that could potentially result in jail time for you. The fact that you are on a variety of medications for anxiety etc. could possibly be used to raise a diminished capacity defense. Any way you look at it you definitely need a lawyer to represent you here. I am an attorney who has handled very many cases similar to yours in numerous courts throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me about this. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, - Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Read more
Answered on 10/12/06, 5:20 pm


Related Questions & Answers

More Criminal Law questions and answers in New Jersey