Domestic violence crimes include sexual abuse, financial abuse, emotional abuse and much more. If you have been arrested for domestic violence in New Jersey, you need to enlist the help of a tough, hard working attorney to defend you. New Jersey is hard on domestic violence crimes, and a conviction of this nature can carry a long incarceration term, high monetary fines, years on probation and worse.
The degree of domestic violence crime committed will inform the type of penalty that you will face. The more severe the domestic violence crime, the more harsh the penalty. Read on for an overview of penalties you may face if you are convicted of domestic violence in New Jersey, and call The Bianchi Law Group today as you will need a strong legal advocate to defend you.
Is Domestic Violence A Misdemeanor Or Felony In New Jersey?
The severity of the crime and nature in which it was committed will dictate whether or not you will be charged with a felony or misdemeanor domestic violence charge. Every state has their own set of unique laws that govern and inform these charges, so be sure to work with a lawyer who is specialized in your state.
Under New Jersey state law specifically, misdemeanors are sometimes referred to as a disorderly persons charge. This type of crime carries a less harsh punishment than a felony, usually six months in state or county jail, monetary fines, court-ordered probation and other punishments such as anger management courses or substance abuse courses, depending on the circumstances of the crime.
If the person who committed the domestic violence act had prior arrests in the past, especially if those arrests were violent in nature, the charges will likely increase from a minor misdemeanor to a felony. Additionally, if the person who committed the domestic violence act used a gun or another harmful weapon during the act, the charge will likely escalate to a felony.
Felony charges are separated into different degrees based upon how severe they are. The degrees are first, second, third, and fourth-degree. New Jersey state penalties for felony domestic violence convictions typically include a jail sentence, the length of which varies from degree to degree.
What Is Considered Domestic Violence In New Jersey?
Unfortunately, domestic violence can occur in many different ways. There are many types of behavior that are classified as domestic violence, and any of them can potentially carry serious charges.
- Physical abuse: Physical abuse happens when an individual purposely uses force or leverages power over one another to punch, stab, slap, kick, or otherwise physically harm them. It is important to note that even if the injuries are not severe, or leave no mark, the act of abuse can be a criminal charge.
- Financial abuse: Financial abuse occurs when one individual controls another’s money or their access to crucial resources. This commonly occurs between married partners or those who share a home.
- Emotional abuse: This type of abuse occurs when one person excessively and cruelly criticizes, embarrasses insults, or coerces one another. Even if the abuse never escalates to physical assault, emotional abuse is a domestic violence crime.
- Sexual abuse: Sexual abuse involves rape, sexual assault, sexual harrassment and more. When any type of sexual abuse happens between domestic partners, it’s considered a domestic violence issue.
How Is Domestic Violence Proven In New Jersey?
If you or someone you love have been arrested under suspicions of domestic violence, it’s incredibly important to enlist the help of an attorney. You will need to contact an attorney as soon as you possibly can so you can begin to create a strong case for your defense.
Evidence is an important tool that can help you or hurt you in a New Jersey domestic violence case. In many domestic violence cases, the alleged crime occurred within the home, so there weren’t any witnesses to see what happened. The alleged victim may show pictures of their injuries as evidence, or broken or damaged property that occurred alongside the crime. You will need to fight back against this evidence in order to prove that you are not guilty of the crime.
The consequences for domestic violence in New Jersey are serious. It’s incredibly important that you schedule a free consultation with The Bianchi Law Group today in order to protect yourself from these potential charges. Your attorney will help gather significant evidence that demonstrates your side of the story. Our team will stop at nothing to source, compile, and present evidence that defends you, and will fight hard to minimize the charges against you as best as possible.