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Can I be deported for 2nd time domestic violence charge? Can I plea bargain it from simple assault to a violation in Newark?

Newark, NJ |

I have been charged with simple assault as a result of domestic violence. I had a fight with my boyfriend outside of my apartment and police were called. When they came, my boyfriend had a scratch on his neck and his shirt was a bit ripped. Police arrested me and charged me with simple assault even though my boyfriend did not want to press charges.
About a year ago I had another domestic violence case in another county but it was dimissed.
I have court coming up and would like to know if there is a chance that the simple assault can be plea bargained down to an ordinance violation or something like that. I am gonna get a lawyer would like to know what the chances are. My boyfriend does not want to testify and the police office did not witness the assault. He just saw the scratches and arrested me. Is that enough for the state to convict me of simple assault?

Attorney Answers 3

Posted

You could indeed have immigration problems. You need to consult with an immigration attorney. You also need an attorney in Newark. Please feel free to call if you have any questions.

Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

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Posted

so do you think a lawyer would be able to plea bargain the case down from simple assault?

Benjamin G Kelsen

Benjamin G Kelsen

Posted

Could very possibly be done. I have done so on numerous occasions in the past but past results are not any guarantee of what would happen in your case as it depends on the specifics of your case. Call if you have any further questions.

Posted

If you are seeking or will be seeking immigration benefits from USCIS, you have to be careful that you do not plead guilty to (or get convicted of) a crime of moral turpitude. (An immigration benefit includes an I-551 Permanent Resident card as well as citizenship). In immigration parlance, this generally means a crime involving dishonesty. Generally, simple assault is NOT considered a crime of moral turpitude. In addition, you may be able to plead it down to an ordinance violation, which further helps you. Be aware that the State may not meet its burden if there are no witnesses to testify. You should speak to an attorney who may well be able to have the charges dismissed entirely. If you represent yourself, such a result could be challenging to negotiate. Best of luck to you. Call if you have questions.

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

so the state cannot meet its burden based entirely on police officer's observations? the police officer did not see the act itself.

Posted

You need to speak to an immigration attorney because this could cause a problem. But do not plead to a simple assault or ordinance so fast. Newark is a flexible Court. An experienced criminal defense attorney can often obtain great results at Green Street. A second dismissal is possible. There are defenses. Self defense immediately comes to mind. Call with more information.

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