Conviction For “Horrendous” Beating Draws Public Censure Four Years Later In New Jersey
The New Jersey Supreme Court has censured an attorney convicted of assault arising from an act of domestic violence.
The Disciplinary Review Board report summarized the crime
On November 17, 2011, respondent entered a guilty plea to a downgraded offense of simple assault, a disorderly persons offense. Specifically, respondent admitted assaulting his former girlfriend, B.W., who, at respondent’s sentencing, stated that respondent had bitten her and hit her with a piece of metal, resulting in bruises all over her back and chin.
Respondent, who was represented by counsel, admitted that, by virtue of the guilty plea, he waived his right to trial and understood that the penalties were at the discretion of the court…
Counsel characterized the incident as a “boyfriend/girlfriend situation that got a little bit out of hand.” Respondent “lost his cool” when B.W. told him that she wanted to see other people. He was “truly sorry that it happened.”
The Honorable Thomas F. X. Foley, J.M.C., requested any photographs that had been taken of the victim, which he believed were necessary for sentencing. Respondent’s attorney was given the opportunity to object to the submission of the photographs, but specifically declined to do so.
Color photocopies of the pictures of the bruises of various angles of B.W.’s back, wrist, arm, and legs were a part of the record before us. Although not of the best quality, the pictures show red marks on B.W.’s upper back on both shoulders, scrapes on the front of each ankle and on the left foot, red marks on both calves and what appears to be the lower left arm, red marks near both knees, a significant bruise on the right shin, and distinct teeth marks on B.W.’s wrist.
In imposing sentence, the judge remarked that he had “looked at the obviously horrendous situation as it relates to the beating, essentially, that . . . the victim took.”
The board’s view on sanction
approximately four years passed between the time of respondent’s guilty plea and the filing of the motion. Given that respondent has no additional acts of domestic violence incidents on his record and that he has engaged in, and, apparently, successfully completed anger management treatment we determine that a departure from the presumptive three-month suspension is warranted here. Thus, we determine to impose a censure.
Three board members would have imposed a three-month suspension. (Mike Frisch)