Short Suspension For Domestic Violence

Domestic violence violence draws a three-month suspension from the New Jersey Supreme Court.

The Disciplinary Review Board reported

On March 29, 2016, respondent appeared before the Honorable Mitzy Galis-Menendez, J.S.C., Superior Court of New Jersey, Hudson County, and pleaded guilty to third-degree aggravated assault, admitting that, on April 5, 2015, he attempted to cause significant bodily injury to his wife by punching her and causing her nose to bleed.

The attorney entered into diversion with anger management.

Apparently because there was no final judgment of conviction, the DRB refused to admit and consider the police report of the crime.

Sanction 

The OAE maintained that domestic violence is a serious crime and that an aggravated assault conviction should result in a term of suspension. The length of the suspension is dependent on the circumstances of the case, the disciplinary history of the attorney, and a review of the aggravating and mitigating factors. Because respondent’s conduct was severe in nature with only slight mitigation, the OAE recommended a three-month or six-month suspension.

Respondent sought a censure and

Respondent also offered evidence to support his belief that his wife married him only for her own immigration purposes and that his resistance to assist her in making misrepresentations on her citizenship application led to the altercation.

 The DRB found some mitigation but did not consider “unblemished record” as such since the crime was committed only a year after his 2014 admission. (Mike Frisch)