How to Keep a Simple Assault Case From Being Downgradeded in New Jersey
As the victim or loved one of someone who has suffered at the hands of an alleged criminal charged with simple assault in New Jersey, you want to see justice served. In many cases, charges get negotiated and reduced during plea negotiations. To prevent this from happening in your case, you need to make your wishes known to all parties involved in the decision-making process. Stand firm, be heard and follow the proper procedures to keep the original charges upheld.
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Instructions
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Familiarize yourself with the legal process. As a victim, you are represented by the state of New Jersey. The prosecutor presenting the case against the defendant is seeking justice on your behalf. Meet with this attorney and make your wishes clear that you do not want the charges reduced. Review the New Jersey criminal justice process (see Resources) to understand each stage of the case. A link to your New Jersey county's criminal court location can be accessed on this site.
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Contact victim assistance. Go to the New Jersey Office of Victim-Witness Advocacy in your county (see Resources) and obtain a victim information and impact form. A counselor can assist you throughout the prosecution of the case, offering support and guidance as you deal with the legal system. Your advocate will also ensure that your side of the story is heard by the prosecutor, defense attorney and judge.
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State your wishes to the judge. If a plea negotiation is being considered and the judge asks for any comments before rendering his decision, you need to raise your hand and request to address the court. Stand up straight, look the judge in the eye and confidently explain why you desire to see the initial simple assault charge upheld. Address the judge as "your honor" when speaking to him, and remain polite throughout your presentation.
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Testify in court. If the case goes to trial in a New Jersey court, you will be asked to testify about the incident that occurred resulting in the simple assault charge. Be clear about the facts, and answer all the questions asked of you by both the prosecutor and the defense attorney. The jury may have the option to convict the defendant on a lesser charge, so be firm with your answers, making it clear that the crime fits the legal definition of simple assault.
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References
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