Navigating domestic violence charges can be challenging. Understanding the legal defenses available to you is crucial, as is recognizing the importance of securing skilled legal representation. Please continue reading as we explore common defense strategies in New Jersey domestic violence cases and highly why engaging our experienced Bergen County Domestic Violence Attorneys can significantly impact the outcome of your situation.
What Does New Jersey Law Consider as Domestic Violence?
First and foremost, it is crucial to understand that “domestic violence” does not refer to a single crime, but to a pattern of abusive behaviors. These behaviors can manifest as physical, verbal, economic, psychological, and sexual abuse and may encompass threats, intimidation, financial control, and humiliation. The underlying intention of such abusive behavior is usually to establish or preserve power and control over the victim. Domestic violence applies to relationships such as:
- Household members
- Divorced or separated spouses
- People previously living together
- Co-parents
- Parties that are expecting a child
- Those in a dating relationship
In New Jersey, law enforcement operates with a near-zero tolerance policy for domestic violence. This means that if police are called to a domestic violence incident, an arrest is almost always made after they assess the situation. It should be noted that the Prevention of Domestic Violence Act aims to safeguard individuals affected by domestic abuse. This legislation permits victims to seek both civil and criminal redress.
What Are the Potential Penalties?
The severity of domestic violence allegations in New Jersey is indicated by the level of charges, spanning from disorderly persons offenses to more severe indictable offenses. Minor infractions, such as simple assault or harassment, are typically categorized as disorderly persons offenses, which may result in penalties like anger management courses or probation.
Conversely, felony domestic violence charges carry a significantly higher likelihood of imprisonment. These charges are applicable in situations involving the unlawful use of a weapon, aggravated assault, and sexual assault. Individuals with previous convictions may face more stringent charges. The state outlines the following potential penalties based on the degree of the offense.
- Fourth-Degree Offenses: Up to 18 months of imprisonment
- Third-Degree Offenses: Three to five years of imprisonment
- Second-Degree Offenses: Five to 10 years of imprisonment
- First-Degree Offenses: Up to 20 years of imprisonment
What Are Common Domestic Violence Defenses?
Choosing the appropriate defense requires careful consideration of case circumstances and legal counsel. Potential defenses include:
- False Accusations: Alleging the accuser fabricated the claims due to motives like malice or revenge. This defense requires proving motive and disproving the accusations.
- Lack of Evidence: Arguing the prosecution has not provided enough evidenc eot prove guilt beyond a reasonable doubt, potentially leading to dismissal.
- Self-Defense: Claiming the accused acted to protect themselves or another party from an aggressor, requiring evidence of a genuine threat and proportionate response.
- Constitutional Violations: Asserting that the defendant’s rights were violated during the investigation, potentially leading to the suppression of evidence.
- Consent: In specific, rare cases, arguing that the alleged victim consented to the act.
Domestic violence accusations are serious, but they are not convictions. A strong defense is essential to protect your rights and future. If charged, it is in your best interest to contact an attorney at the Law Offices of Carl Spector.