Our client came to us two days after being arrested for simple assault in a New Jersey domestic violence case. His girlfriend had called the police and told them that he hit her in the face. The police file contained her account of what happened along with photographs of her face.
Our client had said very little to the police when he was arrested. When he came to see us, however, he told us something that was not reflected in the police report: his girlfriend had hit him too.
By then, two days had passed. There were no visible marks left on his face for us to photograph. On paper, the evidence appeared to support her version of what happened.
We did not assume that the police report told the entire story, and we did not rush to discuss a resolution with the prosecutor. We wanted to see all of the evidence first, including the police body-worn camera footage.
That decision mattered.
Simple Assault and Domestic Violence Charges in New Jersey
Our client was charged with simple assault under N.J.S.A. 2C:12-1(a). New Jersey’s simple assault statute includes purposely, knowingly, or recklessly causing bodily injury to another person. When an alleged assault occurs between people in a relationship covered by New Jersey’s Prevention of Domestic Violence Act, the assault can also constitute an act of domestic violence.
Our client had some minor drug-related cases from his college years but had stayed out of trouble for approximately 15 years. He did not want a domestic violence assault conviction resulting from an argument that he maintained had become physical on both sides.
The immediate problem was that the evidence we initially had did not show his side of what happened.
Why We Waited for the Police Bodycam Video
Police reports are important, but they do not necessarily contain every fact that may be important to the defense.
Here, the written materials contained the girlfriend’s accusation and photographs of her face. Our client had not told the responding officers that she had struck him. By the time he came to our office, there was no longer a visible injury for us to document.
We were not convinced, however, that everything relevant to the case had necessarily made its way into the written police report.
Before conferencing the case with the prosecutor, we wanted the complete discovery. In particular, we wanted to review the officers’ body-worn camera recordings.
We did not want to begin negotiating a resolution based on an incomplete picture. Once the conversation becomes about what charge a client should accept, the focus can shift away from a more fundamental issue: whether there is additional evidence that supports the defense.
So we waited for the bodycam.
The Bodycam Showed Evidence That Was Missing From the Police Report
The bodycam footage arrived later in discovery. It showed our client at the scene and during his arrest.
When the officers asked him what happened, he did not give them a statement explaining that his girlfriend had hit him. He was scared and chose not to discuss the incident.
But while our client was not talking, the camera was recording.
His cheek appeared visibly flushed at the time of his arrest, consistent with his account that he had recently been struck.
That was important evidence because it was temporary. Two days later, the redness was gone. Without the bodycam footage, we would have had our client’s account that he had been hit, but no photograph documenting the condition of his face immediately after the incident.
The bodycam preserved evidence that otherwise would have disappeared and provided objective support for something our client had told us from the beginning.
The case now looked different from the way it appeared in the initial police reports.
We Did Not File a Cross-Complaint Just Because She Filed First
When our client first came to us, he did not want to file criminal charges against his girlfriend.
He wanted the entire situation to go away. In his view, they had gotten into an argument, both had gotten carried away, and the incident should not have become a criminal prosecution.
We did not recommend that he immediately file an assault complaint simply because she had filed one against him.
A criminal complaint should not be used merely as retaliation or as leverage to force someone else to dismiss a case. We recommend filing a complaint only when the facts and evidence support it.
That is why we waited.
Once we reviewed the bodycam footage, there was contemporaneous evidence supporting our client’s account that the physical confrontation had not been one-sided. Our client then filed an assault complaint based upon what had occurred.
Both Simple Assault Charges Were Ultimately Dismissed
Once all of the evidence was available, there was a more complete picture of the incident.
Ultimately, both parties agreed to dismiss their criminal complaints against each other. They recognized that continuing to prosecute one another was not going to improve the situation and decided to go their separate ways.
For our client, the case ended without a simple assault conviction arising from the incident.
Why Bodycam Evidence Can Be Important in a New Jersey Domestic Violence Case
Domestic violence investigations often happen quickly and under difficult circumstances. Police arrive after an argument and have to determine what occurred based upon the people they speak with, the injuries they observe and the evidence available at that moment.
One person may give the police a detailed account while the other person says very little or nothing.
That does not necessarily mean the person who spoke first gave the complete account of what occurred.
Body-worn camera footage can be particularly important because it captures what the officers actually encountered. Depending upon the case, bodycam video may preserve physical injuries, statements, demeanor, the condition of the scene, interactions between the parties, witness statements or other details that are not fully reflected in the written police report.
Our client’s case is a good example. The redness on his cheek was gone before he ever walked into our office. We could not go back in time and photograph it.
Fortunately, the bodycam already had.
Arrested for Domestic Violence After Police Heard Only One Side?
If you have been arrested for domestic violence simple assault in New Jersey and believe the police did not get the complete story, it is important to obtain and review the evidence before making decisions about your case.
The police report is a starting point. It is not necessarily the entire case.
Depending upon the circumstances, important evidence may include police bodycam footage, 911 recordings, photographs, text messages, surveillance video, witness statements, medical records and communications between the people involved. Evidence that seems insignificant when viewed by itself may become important when it confirms or contradicts what someone told the police.
It is equally important not to make strategic decisions out of anger or fear. Filing a complaint against the other person may be appropriate when the evidence supports it, but it should not automatically be done simply because the other person filed first.
Our client came to us facing a simple assault charge with a police report and photographs that appeared to support the accusation against him. He had not told the police his side of the story, and by the time we met him, the physical evidence on his face had disappeared.
We waited until we had all of the evidence before deciding how to proceed.
The bodycam gave us evidence the police report did not.
At Sutnick & Sutnick, we want to understand both the evidence against our client and the evidence that may support the defense before deciding how a domestic violence case should be handled.
If you have been charged with simple assault under N.J.S.A. 2C:12-1 in a New Jersey domestic violence case, particularly if you believe the police heard only one side of what happened, contact Sutnick & Sutnick. We can obtain the discovery, review the bodycam and other available evidence, and determine what the evidence actually shows before deciding on the best strategy for your case.
Every case is different, and a prior result does not guarantee a similar outcome in another matter.