A Bayonne man is facing charges of endangering an incapacitated victim by fleeing the scene and aggravated assault after reportedly punching a man around 4 p.m. on July 18. On July 21, he made his first appearance in court, and his bail was set at $40,000 with a 10 percent cash option.
According to a police report, when officers arrived at the scene, they discovered a man bleeding from the back of his head and kneeling on the ground. The man told officers that he had been punched by the defendant. The man was transported to a local medical center, and the defendant was taken into custody the following day. Witnesses reported that the defendant was riding a bicycle and approached the man. He reportedly punched the man in the face after making multiple statements to him. Witnesses said the man then fell against a wall and struck his head. He reportedly hit his head on the ground as well and was unconscious for a seven to eight minutes.
The defendant may decide to seek the help of a criminal defense lawyer. A criminal defense lawyer may be concerned about witness testimony in an assault case. If the witnesses clearly identify a defendant and each give a similar account of the incident, it may convince jurors to convict. On the other hand, witness testimony is less substantial than physical evidence. If the lawyer can find physical evidence that demonstrates that the defendant is innocent or that can discredit the witnesses' testimony, the jury may decide to acquit the defendant.
No matter how solid the defense argument, a trial always presents the risk that the judge or jury will decide to convict. If the defendant does not wish to take the risk of being convicted at trial, the lawyer might suggest a plea bargain.
Source: NJ.com, "Bayonne man charged with aggravated assault after punching a man: police", Michaelangelo Conte, July 22, 2014