I represented a defendant charged with assault and disorderly conduct by the New Jersey Transit Police following a fight on a New Jersey Transit train between my client and another individual. The facts were somewhat troubling from the Newark Municipal Court prosecutor’s point of view, because it was alleged that my client had bitten the other individual during the course of the altercation, and scared him as a result.
Biting is always treated a little differently because of the possible consequences, i.e. disease, infection, permanent scaring, etc. However, in this particular situation, it was unclear (as far as I was concerned) whether there was any purposeful action by my client to inflict this type of injury given the facts of the situation as the began to reveal themselves.
Following multiple conferences with the prosecutor and the defense attorney for the other involved person, it was agreed that the disorderly conduct charge would be dismissed, and the assault complaint would be amended to a municipal ordinance violation and a $125.00 fine.
As a result of this plea, my client walked away with no criminal record.