Domestic violence allegations are serious. Regardless of the circumstances of your case, if you have been charged with domestic violence in New Jersey, you need to be prepared to protect yourself by all means available. A conviction could have life-altering consequences, and while you may have strong defenses available, it will be up to you to assert these defenses effectively. Learn more from an experienced New Jersey domestic violence lawyer.
Domestic Violence Crimes in New Jersey
In New Jersey, domestic violence is not a specific crime of its own. Instead, you can be charged with domestic violence if you are accused of committing certain crimes against a “protected person.” This includes crimes such as:
- Criminal restraint
- Criminal trespass
- Assault (including aggravated assault)
- Burglary or robbery
- False imprisonment or kidnapping
- Harassment (including cyber harassment)
- Lewdness
- Sexual assault or criminal sexual contact
- Stalking
- Terroristic threats
You can also be charged with domestic violence if you are accused of violating a protective order issued in response to the allegations against you. Other crimes involving serious bodily harm (or death) can be prosecuted as domestic violence crimes in New Jersey as well.
As noted above, to be prosecuted as domestic violence, a crime must allegedly be committed against a “protected person.” This term is defined in New Jersey’s Prevention of Domestic Violence Act (PDVA), and it includes current and former household members as well as current and former romantic partners. The PDVA focuses specifically on protecting spouses, boyfriends and girlfriends, parents of shared children, emancipated minors, and other individuals who are (or who have been) in an intimate or close personal relationship with the alleged perpetrator.
With this in mind, here is a closer look at a few of the most common domestic violence charges in New Jersey:
Assault (Including Aggravated Assault)
In domestic violence cases, prosecutors can pursue assault charges based on allegations of either simple assault or aggravated assault committed against a protected person. These crimes are defined as follows:
Simple Assault
Simple assault charges can be based on allegations of:
- Attempting to cause bodily injury to a protected person
- Purposely, knowingly, or recklessly causing bodily injury to a protected person
- Negligently causing bodily injury to a protected person with a deadly weapon
- Attempting by “physical menace” to put a protected person in fear of imminent serious bodily injury
Aggravated Assault
Aggravated assault charges can be based on allegations of:
- Attempting to cause serious bodily injury to a protected person
- Attempting to cause bodily injury to a protected person with a deadly weapon
- Purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, causing serious bodily injury to a protected person
- Recklessly causing bodily injury to a protected person with a deadly weapon
Harassment (Including Cyber Harassment)
Harassment charges in domestic violence cases can involve allegations of either: (i) communicating anonymously, at extremely inconvenient hours, or in offensive language; (ii) threatening physical harm; or (iii) other alarming or repeated conduct targeting a protected person. Cyber harassment, which includes accessing a protected person’s data, sending harassing communications via text or direct message, and posting embarrassing information or photos online, can be prosecuted as a domestic violence crime in New Jersey as well.
Stalking
The crime of stalking is defined as, “purposefully or knowingly engag[ing] in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.” Stalking can be prosecuted as a domestic violence crime when it is allegedly perpetrated against a protected person.
Penalties for Domestic Violence Crimes in New Jersey
If you have been charged with a domestic violence crime in New Jersey, the penalties you are facing depend on the specific charge you are facing and the degree of the alleged offense. In criminal cases, the penalty ranges for New Jersey domestic violence offenses are as follows:
- Petty Disorderly Persons Offenses – Up to 30 days in jail and a $500 fine
- Petty Disorderly Persons Offenses – Up to six months in jail and a $1,000 fine
- Fourth-Degree Domestic Violence – Up to 18 months in prison and a $10,000 fine
- Third-Degree Domestic Violence – Three to five years in prison and up to a $15,000 fine
- Second-Degree Domestic Violence – 5 to 10 years in prison and up to a $150,000 fine
- First-Degree Domestic Violence – 10 years to life in prison and up to a $200,000 fine
Domestic violence allegations can also lead to consequences in family court–and you can face these consequences before your criminal case goes to trial. These include restraining orders and loss of child custody rights, among others.
Having a domestic violence conviction on your record can impact your life in many other ways as well. As a result, no matter what happened, you owe it to yourself to fight your domestic violence case by all means available.
Defending Against Domestic Violence Charges in New Jersey
Defending against domestic violence charges in New Jersey starts with making sure you know the specific allegations against you. Once you know what charges you are facing, then you can build a defense focused on the specific risks at hand. Some examples of potential defenses to domestic violence charges include:
- False allegations (which you may be able to prove with cell phone data or other evidence)
- Your actions do not amount to a criminal offense under the relevant statute
- The police violated your constitutional rights
- Prosecutors have violated your constitutional rights
- The prosecution’s evidence (i.e., eyewitness testimony) is unreliable
- The prosecution’s evidence is insufficient to prove your guilt
Again, these are just examples. But, while you may have a variety of defenses available, you must be able to effectively assert the right defenses to avoid unnecessary consequences. To ensure that you are making informed decisions, you should discuss your case with an experienced New Jersey domestic violence lawyer right away.
Schedule a Confidential Consultation with a New Jersey Domestic Violence Lawyer Today
If you need to speak with a New Jersey domestic violence lawyer, we encourage you to contact us promptly for a confidential consultation. Call 877-435-6371 or contact us online to speak with one of our experienced lawyers in confidence as soon as possible.