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Battery is a serious criminal accusation. If convicted of battery in New Jersey state court, you can face substantial fines, long-term imprisonment, and other penalties. If you have been accused of domestic battery, the consequences of a conviction could be even more severe. To protect yourself, you need to have a strategic defense, and this starts with hiring a New Jersey criminal battery lawyer to represent you.
The crime of battery is generally defined as making harmful physical contact with another person. This can involve punching, slapping, kicking, pushing, throwing objects or any other form of physical contact that results in bodily injury to the victim.
Technically, battery is a form of assault under New Jersey law. New Jersey does not have a separate battery statute like many other states. So, when talking about the crime of battery, it is necessary to focus on the relevant provisions of the state’s assault law. This appears in Section 2C:12-1 of the New Jersey Statutes.
Under Section 2C:12-1, acts of battery that can lead to criminal prosecution include:
New Jersey takes cases of domestic violence very seriously. Unfortunately, even facing accusations can have immediate consequences, and protecting your name, reputation and freedom can be extremely difficult. But, an experienced New Jersey domestic battery lawyer can help, and seeking legal guidance right away will give you the best chance of avoiding unnecessary consequences.
In New Jersey, the crime of domestic battery is defined as committing an act of battery against a “protected person.” Under the New Jersey Prevention of Domestic Violence Act (PDVA), protected persons include:
Like most crimes, the penalties for battery and domestic battery depend on the circumstances involved. Under Section 2C:12-1, battery can be charged as a petty disorderly persons offense, a disorderly persons offense, or a fourth, third or second-degree indictable crime. The penalties for these crimes are as follows:
These are the general rules for the most common types of battery charges. There are exceptions, and various factors can reduce or elevate the penalties that are on the table in a battery case in New Jersey. A New Jersey criminal battery lawyer at Helmer, Conley & Kasselman, P.A. can tell you the specific penalties you are facing in your battery case.
In addition to these penalties, individuals who are convicted of domestic battery can face other serious consequences. For example, the judge may enter a restraining order against you that:
If you get convicted of domestic battery in New Jersey, you could also be deemed an “unfit” parent, which could mean losing your custody or visitation rights. A domestic battery charge can negatively impact your rights in other family-related legal matters as well.
Since facing accusations of domestic violence can have immediate consequences, you should hire a New Jersey domestic battery lawyer right away. There are several ways to fight battery charges — including presenting evidence that you have been falsely accused. Self-defense, defense of others, and other defenses may be available to you as well, and an experienced New Jersey domestic battery lawyer will thoroughly examine the facts of your case to determine what defenses to make on your behalf.
If you are facing a battery charge in New Jersey, you need experienced legal representation. To speak with a New Jersey criminal or domestic battery lawyer in confidence as soon as possible, call 877-435-6371 or send us your contact information online now.
Don’t let your rights be jeopardized.