Strangulation Assault Defense Attorneys in New Jersey

If you are facing strangulation assault charges in New Jersey, you’re confronting one of the most aggressively prosecuted criminal offenses in the state. Since 2021, New Jersey law has classified domestic violence strangulation as a second-degree crime carrying up to 10 years in prison and a $150,000 fine, a dramatic increase from its previous classification. At The Bianchi Law Group, founding partner Robert A. Bianchi brings 37 years of legal experience defending clients throughout all 21 New Jersey counties against these serious charges. As the only practicing criminal defense attorney in New Jersey who is both a New Jersey Supreme Court Certified Criminal Trial Attorney and a former Governor-appointed County Prosecutor, Robert Bianchi and his team of former prosecutors understand both sides of the courtroom. We know how prosecutors build strangulation cases, and we use that insider knowledge to protect your rights and your freedom. Time is critical. Contact us immediately for a free consultation at our Parsippany or Red Bank office.

What Is Strangulation Assault in New Jersey?

Under New Jersey law, strangulation assault is defined under N.J.S.A. 2C:12-1(b)(13) as an offense where an individual knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who meets the definition of a victim of domestic violence under the New Jersey Prevention of Domestic Violence Act, by applying pressure on the throat or neck or blocking the nose or mouth.

Strangulation assault occurs when someone knowingly or recklessly impedes the normal breathing or blood circulation of another person by applying pressure to the throat or neck, or by blocking the nose or mouth. This can involve:

Choking or “choking out” another person
Applying pressure to the neck or throat area
Blocking airways through compression
Impeding blood circulation to the brain
Any action that obstructs breathing or blood flow

The critical element prosecutors must prove is that the defendant’s conduct was knowing, meaning you were aware that your actions were substantially certain to cause the breathing or circulation obstruction, or that the conduct manifested extreme indifference to human life.

What makes strangulation charges particularly complex is that visible injuries are not always required for prosecution. Even brief pressure that temporarily impedes breathing without leaving marks can result in second-degree aggravated assault charges. Additionally, these charges almost always arise in the context of domestic violence incidents, which trigger mandatory arrest protocols and immediate restraining orders that can prevent you from returning to your home.

Since the legislative amendment, strangulation assault has been elevated from a third-degree offense to a second-degree crime, reflecting the New Jersey Legislature’s recognition of strangulation as a particularly dangerous form of domestic violence with potentially lethal consequences. This reclassification has dramatically increased the stakes for anyone facing these charges.

Penalties for Strangulation Assault in New Jersey

The penalties for a conviction under N.J.S.A. 2C:12-1(b)(13) are among the most severe for assault charges in New Jersey. As a second-degree crime, strangulation assault now carries:

Criminal Penalties:

State prison sentence: 5 to 10 years imprisonment
Fines: Up to $150,000
Parole ineligibility: Minimum of 85% of sentence under the No Early Release Act (NERA) if certain aggravating factors apply
Presumption of incarceration: Unlike third-degree crimes, second-degree convictions carry a strong presumption that you will serve time in state prison
Permanent criminal record: Second-degree felony conviction

Collateral Consequences:

Pretrial Intervention (PTI): Second-degree crimes face a strong presumption against PTI admission, and entry requires prosecutorial consent. While not an absolute legal bar, approval is rarely granted in strangulation cases, making diversion highly unlikely without a negotiated charge reduction.
Probation ineligibility: Virtually no chance of a probationary sentence given the presumption of incarceration
Restraining order: Permanent or long-term restraining order preventing contact with the alleged victim
Loss of firearm rights: Permanent prohibition on possessing firearms under both state and federal law
Immigration consequences: For non-citizens, a conviction constitutes an aggravated felony under immigration law, leading to mandatory deportation
Employment barriers: A felony record creates significant obstacles to employment, professional licensing, and housing
Custody and visitation restrictions: A conviction will impact parental rights and custody arrangements
Educational consequences: Loss of eligibility for federal student loans and certain educational programs

The stakes have never been higher. Before the 2021 amendment, strangulation assault was a third-degree crime punishable by up to 5 years imprisonment and $15,000 in fines, with eligibility for PTI and probation. The legislative change doubled the maximum prison sentence, increased fines tenfold, eliminated diversion opportunities, and created a presumption of incarceration. Prosecutors aggressively pursue these cases, often seeking maximum sentences, making experienced legal representation essential from the moment charges are filed.

Your Constitutional Rights When Facing Strangulation Charges

Even when facing serious criminal charges, you retain fundamental constitutional protections that law enforcement and prosecutors must respect. Understanding and asserting these rights is critical to protecting yourself throughout the criminal justice process.

Your Rights Under the U.S. and New Jersey Constitutions:

Fifth Amendment Right to Remain Silent: You have the absolute right to refuse to answer police questions without an attorney present. Anything you say can and will be used against you in court. Silence cannot be used as evidence of guilt.
Sixth Amendment Right to Counsel: You have the right to have an attorney present during all questioning and at every critical stage of the prosecution. If you cannot afford an attorney, one will be appointed for you.
Fourth Amendment Protection Against Illegal Searches: Police must have probable cause and usually a warrant to search your home, vehicle, or person. Evidence obtained through illegal searches can be suppressed.
Right to Confront Witnesses: You have the right to cross-examine all witnesses testifying against you, including the alleged victim.
Right to a Fair Trial: You are entitled to a jury trial where the prosecution must prove your guilt beyond a reasonable doubt, the highest burden of proof in American law.
Right Against Self-Incrimination: You cannot be compelled to testify against yourself or provide evidence that would incriminate you.
Right to Due Process: All procedures and evidence gathering must follow established legal protocols, and you must receive fair notice and an opportunity to defend yourself.

New Jersey-Specific Protections:

In New Jersey, you also have the right to challenge the validity of any restraining order issued against you, to present evidence in your defense, and to have the prosecution prove not only that you committed the alleged act but that you did so with the required mental state (knowingly or with extreme indifference).

How These Rights Are Often Violated:

In domestic violence strangulation cases, we frequently see constitutional violations, including coerced statements obtained during the emotionally charged immediate aftermath of arrest, illegal searches of homes or vehicles without proper consent or warrants, improper interrogation techniques when suspects are in custody, and failure to inform defendants of their Miranda rights before custodial interrogation.

As former prosecutors now fighting for you, The Bianchi Law Group knows exactly how law enforcement and prosecutors operate. Robert Bianchi’s experience as Morris County Prosecutor from 2007-2013 gives our team unique insight into investigative tactics and prosecution strategies. We scrutinize every aspect of your case to ensure your constitutional rights are protected. Any violation can lead to suppression of evidence or even dismissal of charges. Don’t face this alone; we’re here to protect your rights at every stage.

Defense Strategies for Strangulation Assault Charges in New Jersey

A strangulation assault charge is not a conviction. With 37 years of legal experience and the unique perspective of former prosecutors now defending clients, The Bianchi Law Group employs aggressive, strategic defense approaches tailored to the specific facts of your case. Our team has secured countless not-guilty verdicts, dismissals, and reduced charges by challenging every element of the prosecution’s case.

Challenging the Evidence

The prosecution must prove beyond a reasonable doubt that you knowingly or with extreme indifference impeded someone’s breathing or blood circulation. We meticulously examine all evidence, including:

Medical Evidence: Strangulation cases often rely on medical examinations showing alleged injuries or evidence of impeded breathing. We challenge the interpretation of medical findings, question whether injuries could have alternative explanations, and scrutinize the timing and documentation of medical exams. Minor redness or marks can have numerous non-criminal causes.

Witness Credibility: In domestic violence cases, the alleged victim’s testimony is often the primary evidence. We investigate inconsistencies in statements, explore potential motives to fabricate or exaggerate (custody disputes, immigration status, restraining order benefits), and examine the relationship history for patterns of false accusations.

Physical Evidence: We analyze photographs, body camera footage, 911 recordings, and text messages. Often, the physical evidence contradicts the alleged victim’s account or demonstrates that no strangulation occurred.

Challenging the Mental State Requirement

Even if contact occurred, the prosecution must prove you acted knowingly, that you were aware your actions were substantially certain to cause breathing or circulation obstruction, or with extreme indifference to human life. We often successfully argue that:

The contact was accidental or unintentional
You were acting in self-defense orin defense of others
The alleged victim’s injuries resulted from their own actions during a mutual altercation
You lacked the specific intent required for conviction

Procedural and Constitutional Defenses

As former prosecutors, we know how to identify violations of your constitutional rights that can lead to evidence suppression or case dismissal:

Illegal Searches and Seizures: If police searched your home, vehicle, or person without a valid warrant or proper consent, we move to suppress all evidence obtained.

Miranda Violations: If police questioned you in custody without properly advising you of your rights, any statements you made may be inadmissible.

False Arrest: If police lacked probable cause to arrest you, we challenge the validity of the arrest and seek dismissal.

Violation of Discovery Rules: If prosecutors fail to provide evidence in their possession, we move for sanctions up to and including dismissal.

Negotiating Reduced Charges

In cases where the evidence presents challenges, our prosecution experience allows us to negotiate from a position of strength. We’ve successfully negotiated reductions from second-degree strangulation assault to:

Simple assault (disorderly persons offense with no prison time)
Harassment charges
Municipal court violations
Outright dismissals in exchange for anger management or counseling

As the only attorney in New Jersey who is both a Certified Criminal Trial Attorney and a former Governor-appointed County Prosecutor, Robert Bianchi has established relationships and credibility with prosecutors throughout the state. This unique positioning often allows us to achieve resolutions that other firms cannot.

Trial Defense

If your case goes to trial, you need attorneys who have tried hundreds of cases from both sides of the courtroom. Our team includes former prosecutors who know how the state builds its case and exactly how to dismantle it before a jury. We present compelling defense narratives, aggressively cross-examine witnesses, introduce doubt about the prosecution’s timeline and theory, and hold the state to its burden of proving guilt beyond a reasonable doubt.

Every case is different. We develop defense strategies based on the unique circumstances of your situation, the strength of the evidence against you, and your goals. Whether that means fighting for complete acquittal at trial or negotiating the best possible resolution, The Bianchi Law Group brings 37 years of experience and insider prosecutorial knowledge to your defense.

The Strangulation Assault Process in New Jersey

Understanding what happens after you’re arrested for strangulation assault in New Jersey helps you navigate this frightening experience and make informed decisions about your defense. As former prosecutors, we guide you through every stage of this process.

Arrest and Initial Custody

Strangulation assault in domestic violence situations triggers mandatory arrest policies. If police respond to a domestic violence call and have probable cause to believe strangulation occurred, they must make an arrest. You will be taken into custody, fingerprinted, photographed, and held pending your initial court appearance. Under New Jersey law, you must have that initial appearance within 48 hours of arrest.

First Appearance and Detention Hearing

At your initial court appearance, the judge will review the charges and the State’s risk assessment. For second-degree strangulation assault, prosecutors will almost certainly file a motion for pretrial detention, arguing you present a danger to the alleged victim. When that motion is filed, a formal detention hearing is typically scheduled within three to five days. At the detention hearing, a judge will determine whether you will be released pending trial or held in custody, using a risk assessment tool to evaluate the danger you pose to the community and the likelihood you’ll appear for court. Having an experienced attorney at both the initial appearance and the detention hearing is essential. The Bianchi Law Group fights aggressively for your release, presenting evidence that you do not pose a flight risk or danger, proposing conditions of release that address the court’s concerns, and ensuring you’re not held unnecessarily before trial.

Temporary Restraining Order

In virtually all domestic violence strangulation cases, a temporary restraining order (TRO) will be issued immediately, often without you being present. This order prohibits you from having any contact with the alleged victim and may bar you from your own home. Within 10 days, a Final Restraining Order (FRO) hearing will be scheduled where you can contest the order. We represent clients at FRO hearings to prevent permanent restraining orders that carry lifelong consequences, including permanent loss of firearm rights.

Indictment by Grand Jury

Because strangulation assault is an indictable offense (felony), the prosecutor must present evidence to a grand jury. The grand jury proceeding is one-sided; only the prosecutor presents evidence, and you have no right to be present or present a defense. If the grand jury finds probable cause, it will issue an indictment formally charging you with second-degree aggravated assault by strangulation.

Arraignment

After indictment, you’ll be arraigned in Superior Court. At arraignment, you’ll enter a plea of not guilty, and the court will set a schedule for pretrial proceedings. This is where your defense truly begins.

Discovery and Investigation

Your attorney will receive all evidence the prosecution intends to use, including police reports, witness statements, medical records, photographs, videos, and forensic evidence. Our team conducts an independent investigation, interviewing witnesses, obtaining exculpatory evidence, consulting with medical experts on injury claims, and identifying weaknesses in the prosecution’s case.

Pretrial Motions

We file motions to suppress illegally obtained evidence, dismiss charges based on procedural defects, compel the prosecution to turn over additional evidence, and exclude certain testimony or evidence at trial. Successful motion practice can significantly weaken the prosecution’s case or even result in dismissal of charges before trial.

Plea Negotiations

Throughout the pretrial process, we engage in negotiations with prosecutors to seek reduced charges, dismissal, or favorable plea agreements. Our goal is always to secure the best possible outcome, whether that’s complete dismissal, reduction to a lesser charge, or an agreement that avoids prison time. Robert Bianchi’s unique background as a former Morris County Prosecutor gives our firm credibility and negotiating power that other defense firms don’t possess.

Trial

If we cannot reach an acceptable resolution, we’re prepared to take your case to trial. A jury of 12 citizens must unanimously find you guilty beyond a reasonable doubt. Our trial team has tried hundreds of criminal cases and secured countless not-guilty verdicts. We present a vigorous defense, cross-examine prosecution witnesses, present exculpatory evidence and defense witnesses, and argue compelling closing arguments that raise reasonable doubt.

Sentencing (if convicted) or Post-Trial Motions

If convicted, we present mitigating evidence to minimize sentencing, argue for probation or reduced incarceration, and ensure all legal protections are observed. Even after conviction, we can file post-trial motions and appeals.

Typical Timeline: From arrest to resolution, strangulation assault cases typically take 6-18 months to resolve, depending on complexity, court schedules, and whether the case goes to trial.

The criminal justice system is overwhelming and complex. You need experienced attorneys who have handled these cases from both sides and know how to navigate the Superior Court, the prosecutors’ offices across all 21 New Jersey counties, and the judges who will decide your fate. The Bianchi Law Group provides aggressive representation and guides you through every step, ensuring you understand your options and rights.

Why Choose The Bianchi Law Group for Your Strangulation Assault Defense

When you’re facing up to 10 years in prison and a permanent felony record, your choice of defense attorney is the most important decision you’ll make. The Bianchi Law Group offers unmatched credentials, experience, and results that set us apart from other New Jersey criminal defense firms.

Unique Insider Prosecutorial Experience

Our firm’s tagline, “Former Prosecutors Now Fighting for You,” captures our most powerful advantage. Founding partner Robert A. Bianchi served as Morris County Prosecutor from 2007 to 2013 after being appointed by the Governor and unanimously confirmed by the New Jersey Senate. He also worked as a prosecutor for 7 years early in his career, trying high-profile felony cases and complex murder cases. This insider knowledge of how prosecutors build cases, evaluate evidence, and make charging decisions gives us strategic advantages other defense firms simply cannot match.

When a former prosecutor defends you, we know exactly how the state will approach your case because we’ve done it from the other side. We anticipate prosecution strategies, identify weaknesses in their case before they do, understand the internal politics and priorities of prosecutors’ offices, and leverage relationships built over decades in New Jersey courtrooms.

Our team includes multiple former prosecutors from various New Jersey counties, giving us comprehensive insight into how different prosecutors’ offices operate throughout the state.

Elite Credentials Found Nowhere Else in New Jersey

Robert A. Bianchi holds a distinction no other practicing criminal defense attorney in New Jersey can claim: he is both a New Jersey Supreme Court Certified Criminal Trial Attorney and a former Governor-appointed County Prosecutor. This combination of elite certification and prosecutorial leadership is unique in the state.

The Certified Criminal Trial Attorney certification is awarded by the New Jersey Supreme Court to fewer than 250 attorneys in the entire state, less than 1% of all New Jersey attorneys. To earn this certification, attorneys must demonstrate:

Substantial experience trying criminal cases to verdict
Proven track record of successful outcomes
Rigorous examination by the Supreme Court certification board
Continuing legal education in criminal trial practice
Peer recognition of expertise

Both founding partners, Robert Bianchi and David Bruno, hold this elite certification, making The Bianchi Law Group one of the few firms in New Jersey where clients are represented by multiple Certified Criminal Trial Attorneys.

With 37 years of legal experience since 1988, Robert Bianchi has tried hundreds of criminal cases, secured countless not-guilty verdicts and dismissals, and achieved a $10.9 million jury verdict in a construction accident case, demonstrating his exceptional trial skills.

National Recognition and Media Presence

Robert Bianchi’s expertise is nationally recognized. He served for 6 years as host and anchor at Law & Crime Network and regularly appears as a legal analyst on Court TV, CNN, ABC, FOX News, NBC, CBS, and MSNBC. This national platform reflects his deep knowledge of criminal law and trial strategy. He’s also a TEDx speaker and co-hosts the “Nothing But the Truth” podcast and radio show.

This media presence isn’t just about visibility; it demonstrates the respect the legal community and media have for Robert Bianchi’s expertise and analysis. When you hire The Bianchi Law Group, you’re hiring attorneys who are recognized as among the best in the field.

Comprehensive Coverage Across All 21 New Jersey Counties

Whether you’re facing charges in Bergen County, Monmouth County, Morris County, or anywhere else in New Jersey, The Bianchi Law Group provides representation throughout the entire state. We maintain offices in Parsippany (Morris County) and Red Bank (Monmouth County) and serve clients in all 21 New Jersey counties with both in-person and remote options.

Our statewide practice means we’re familiar with the courts, judges, and prosecutors in your county. We know the tendencies of different judges, the priorities of various prosecutors’ offices, and the local procedures that can impact your case.

Proven Track Record of Results

While past results don’t guarantee future outcomes, our firm’s track record speaks to our capabilities:

Countless not-guilty verdicts have been obtained in criminal trials
Numerous complete dismissals of charges before trial
Reduced charges, allowing clients to avoid prison
Serious felony charges downgraded to lesser offenses
Clients kept out of prison through expert negotiation and defense

Every case is different, but our combination of trial skill, prosecutorial insight, and aggressive advocacy has produced results that protect our clients’ freedom and futures.

Client-Centered Approach

We offer free consultations to ensure you’re comfortable with our team and approach. We believe in transparent communication, keeping you informed throughout the process, explaining complex legal concepts in plain language, and involving you in strategic decisions about your defense. You’re not just a case number; you’re a person whose future hangs in the balance, and we treat you with the respect and dedication you deserve.

The stakes couldn’t be higher. Don’t trust your freedom to just any attorney. Choose the firm with unique credentials, insider prosecutorial knowledge, and a proven track record: The Bianchi Law Group.

Frequently Asked Questions About Strangulation Assault in New Jersey

Q. Will I Go to Jail for a Strangulation Assault Charge?

A conviction for strangulation assault under N.J.S.A. 2C:12-1(b)(13) carries a strong presumption of incarceration because it’s a second-degree crime. Unlike third-degree crimes, where probation is possible for first-time offenders, second-degree convictions typically result in state prison sentences ranging from 5 to 10 years. However, the outcome depends heavily on the strength of the evidence, your criminal history, and the quality of your legal representation. With aggressive defense, many charges are reduced, dismissed, or result in acquittals. Early intervention by experienced defense counsel dramatically improves your chances of avoiding prison. Contact The Bianchi Law Group immediately. We’ve kept countless clients out of prison through strategic defense and negotiation.

Q. Can I Get Into PTI (Pretrial Intervention) for Strangulation Assault?

It is highly unlikely. Second-degree crimes carry a strong presumption against admission into Pretrial Intervention (PTI), the diversionary program that allows first-time offenders to avoid conviction by completing supervised probation, and entry requires prosecutorial consent. While not an absolute legal bar, prosecutors rarely grant approval in strangulation cases, making PTI effectively unavailable without a negotiated charge reduction. Before the 2021 legislative amendment, strangulation assault was a third-degree crime, and PTI was a realistic option. Now, as a second-degree offense, the path to diversion is significantly narrower. However, skilled defense attorneys can sometimes negotiate with prosecutors to downgrade the charges to a lesser offense that would qualify for PTI or other diversion programs. Our team has successfully negotiated charge reductions that preserve diversion opportunities for our clients.

Q. How Much Does a Criminal Defense Attorney Cost for Strangulation Charges?

Legal fees for defending against strangulation assault charges vary depending on the complexity of the case, whether it goes to trial, and the attorney’s experience and credentials. At The Bianchi Law Group, we offer free initial consultations where we discuss your case, evaluate the charges and evidence, and provide transparent information about our fee structure. We understand this is a financially stressful time, and we work with clients to create payment arrangements when possible. The cost of not having experienced representation for a felony conviction, up to 10 years in prison, $150,000 in fines, and lifelong collateral consequences, far exceeds the investment in quality legal defense. Your freedom and future are worth protecting.

Q. What If the Alleged Victim Doesn’t Want to Press Charges?

In domestic violence cases, the decision to prosecute is made by the prosecutor’s office, not the alleged victim. Even if the alleged victim recants their statement, doesn’t want to pursue charges, or refuses to cooperate, prosecutors often move forward with the case using other evidence such as police observations, 911 recordings, medical records, and photographs. However, a non-cooperative victim significantly weakens the prosecution’s case. Our defense team works to document when alleged victims recant or refuse to cooperate and uses this to negotiate dismissals or reduced charges. We also challenge the reliability of initial statements made in the heat of the moment that the alleged victim now disavows.

Contact a New Jersey Strangulation Assault Defense Attorney Today

Being charged with strangulation assault under N.J.S.A. 2C:12-1(b)(13) is one of the most serious situations you’ll ever face. With up to 10 years in state prison, $150,000 in fines, a permanent felony record, and devastating collateral consequences to your employment, custody rights, immigration status, and firearm rights, you cannot afford to delay securing experienced legal representation.

The Bianchi Law Group brings 37 years of legal experience and the unique advantage of former prosecutors now fighting for you. As the only practicing criminal defense attorney in New Jersey who is both a New Jersey Supreme Court Certified Criminal Trial Attorney and a former Governor-appointed County Prosecutor, Robert A. Bianchi and our team of former prosecutors provide insider knowledge, elite credentials, and proven results that set us apart from other firms.

We offer free consultations to discuss your case, evaluate the evidence against you, and explain your legal options. During your consultation, we’ll review the specific facts of your arrest, identify potential defense strategies, explain the criminal process and timeline, and answer all your questions with honest, straightforward advice. There’s no obligation and no pressure, just experienced attorneys who understand what you’re going through and how to fight for your rights.

We serve clients throughout all 21 New Jersey counties, including Morris County, Monmouth County, Bergen County, Essex County, Hudson County, Middlesex County, Ocean County, Passaic County, Somerset County, Union County, and every other county in New Jersey.

Don’t face the most serious criminal charge of your life alone. The consequences of a conviction are too severe, and the prosecution will use every resource at its disposal to secure a conviction. You need a defense team with the experience, credentials, and insider prosecutorial knowledge to level the playing field.

The Bianchi Law Group is here to fight for your freedom, protect your constitutional rights, and pursue the best possible outcome in your case. Time is critical; every day that passes without experienced legal representation puts your defense at risk.