Criminal Defense Attorney New Jersey Non Prosecution

On the date of the incident, the client and an acquaintance had been drinking together in a public social setting before preparing to leave, at which point a verbal disagreement emerged due to heightened emotions and alcohol consumption.

In an attempt to pause the argument and suggest a brief conversation away from the immediate environment, the client momentarily grasped the other individual’s wrist, an action that ended within seconds and did not involve further restraint, threats, or physical injury.

The parties separated without escalation, and the client contacted the acquaintance the following day to express regret for the misunderstanding, believing the matter resolved.

Nearly one year later, however, the acquaintance reported the incident to law enforcement, alleging that the wrist contact constituted forcible restraint and asserting that the conduct carried an improper sexual connotation.

Rather than accepting the prosecution’s implied narrative, the defense emphasized that brief physical contact alone does not inherently establish criminal sexual conduct when it lacks sexual purpose, persistence, or contextual indicators of sexual motivation.

The attorney highlighted that the contact occurred in a public area, involved a non intimate body part, lasted only moments, and ceased without resistance, all of which undermined claims of sexualized behavior.

Witness context, communication history, and the absence of contemporaneous distress or injury were used to demonstrate that the interaction was consistent with an attempt to pause an argument rather than impose control or gratification.

In parallel, the criminal defense attorney in New Jersey scrutinized whether the conduct satisfied the threshold for unlawful physical force, focusing on whether the contact involved domination, intimidation, or meaningful restraint.

The defense established that no threats were made, no continued force was applied, and no surrounding circumstances suggested an intent to overpower or harm.
 

By distinguishing momentary contact from coercive force, the attorney neutralized the premise that the incident constituted an actionable assault offense.

The case was formally closed with a non prosecution decision, eliminating the risk of incarceration, fines, or criminal record for the client.

This outcome preserved the client’s professional standing and prevented long term consequences that often follow unresolved or partially prosecuted allegations of this nature.

The client expressed relief that early legal intervention prevented escalation into formal court proceedings.