Under New Jersey law, the Domestic Violence Act defines domestic violence in N.J.S.A. 2C:25-19. It includes homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt, and cyber-harassment.
If you are being investigated or have been arrested for domestic violence in New Jersey, hire our team of former domestic violence prosecutors at The Bianchi Law Group. New Jersey is hard on domestic violence crimes. A conviction can carry incarceration terms, monetary fines, years on probation, loss of custody or parenting time, or can require domestic violence counseling.
The degree of a domestic violence crime will determine the type of penalty you will face, and the more severe the domestic violence crime, the more harsh the penalty. Read on for an overview of penalties you may face if convicted of domestic violence in New Jersey.
Is Domestic Violence An Offense Or An Indictable Crime In New Jersey?
The severity of the crime and the nature in which it was committed will dictate whether or not you will be charged with an indictable crime or offense.
Under New Jersey state law specifically, offenses include disorderly persons and petty disorderly persons offenses. These offenses carry less harsh punishments than an indictable crime, up to six months in 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.
Indictable Crimes are separated into different degrees based on how severe they are. The degrees are first, second, third, and fourth degree. New Jersey state penalties for domestic violence indictable crime convictions can include a jail sentence, which varies from degree to degree.
What Is Considered Domestic Violence In New Jersey?
Domestic violence can occur in many different ways. Many types of behavior qualify 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 a victim of domestic violence.
- Emotional abuse: This type of abuse occurs when one person excessively and cruelly criticizes, embarrasses, insults, or coerces another with the purpose of harassing. Even if the abuse never escalates to physical injury, emotional abuse may be harassment as defined by N.J.S.A. 2C:33-4.
- Sexual abuse: Sexual abuse involves rape, sexual assault, sexual contact, lewdness, and more.
What Should You Do If You Are Being Investigated For Or Have Been Charged with Domestic Violence in New Jersey?
It is essential to know that any Domestic Violence charge in New Jersey is severe and can result in you receiving life-changing penalties. Having the right legal team can provide you with the maximum benefits.
At the Bianchi Law Group, our firm primarily focuses on cases related to Criminal Defense, Municipal Court Matters, and Domestic Violence. Our team of former prosecutors has prosecuted domestic violence cases and frequently lectures to other New Jersey Lawyers about Domestic Violence. Additionally, we routinely handle domestic violence restraining orders from referring New Jersey Family Law attorneys because of our trial experience and advocacy in Domestic Violence cases.
Former Prosecutors and Trusted by the Media
The Bianchi Law Group partners Robert (Bob) Bianchi and David Bruno are former prosecutors who are certified along with only 250 other attorneys as certified criminal trial attorneys by the New Jersey Supreme Court. Robert and David regularly appear as national legal analysts to comment and debate on major news networks such as Fox News, CNN, HLN, MSNBC, and Fox Business.
Contact us to schedule a consultation to discuss how we can potentially assist you with your upcoming Domestic Violence case or investigation.