Domestic Violence Charges NJ
The consequences of being found guilty of domestic violence in New Jersey can be life-altering. If the filed domestic violence charges New Jersey are proven genuine beyond a reasonable doubt, the offender would be expected to serve jail sentences, pay fines, and carry a criminal record for years together. Thus, working with a qualified attorney while facing domestic violence charges New Jersey, is highly beneficial. The attorneys at the Law Offices of SRIS, P.C. have long years of experience handling and settling domestic violence charges in New Jersey. They would know how the state courts would function while prosecuting domestic violence charges New Jersey. Therefore, consult our lawyers as soon as possible to get professional legal assistance for dealing with New Jersey domestic violence charges.
Perpetrators, who have been arrested for domestic violence charges New Jersey, are often confused about the progress of their lawsuits at the court. They can be anxious about the length of the court proceedings, the outcomes of the lawsuits, the pressure of facing a court trial, and many more. Our firm’s legal team is aware that the suspects are likely to be uncertain and worried about their future when the courts find them guilty of household abuse. Thus, we provide all the details to inform the transgressors on how their cases could progress. We focus on presenting a strong and appropriate defense against the registered domestic violence charges New Jersey. In addition, we work towards our clients’ welfare by providing them with adequate legal representation. Therefore, do not hesitate to contact our attorneys when in need.
Violent domestic violence convictions can lead to severe penalties. Even threatening violence can have serious consequences. You may face a jail sentence or big fines for violent felony charges. At this time, it is right to face domestic violence charges New Jersey with the help of a senior lawyer.
What can lead to domestic violence charges New Jersey?
Domestic violence can be defined as the act of assaulting or abusing a family member. Individuals can be criminated with domestic violence charges New Jersey when they are found to indulge in crimes like homicide, terroristic threats, assault, criminal restraint, kidnapping, false apprehension, sexual assault, lewdness, criminal sexual contact, criminal mischief, criminal trespass, burglary, stalking, and harassment.
Individuals are referred to as emancipated minors when they belong to the following categories:
- When they are married but are less than 18 years old.
- When they are actively involved in military service.
- When they are pregnant with a child.
- When they are parents.
- When they were explicitly declared by the state courts or any local administrative agency as emancipated minors for definite reasons.
The law enforcement panel is restricted from registering domestic violence charges New Jersey against emancipated minors. But this group of people will be issued with restraining orders.
The police file domestic violence charges New Jersey against a person when the considered victim falls under the following group of people:
- When the victim is a spouse or ex-spouse of the suspect and is 18 years of age or above or an emancipated minor.
- When the victim is a current or former household member of the offender and is 18 years of age or above or an emancipated minor.
- When the victim, regardless of age, has a kid with or is currently pregnant with the child of a perpetrator.
- An ex-lover.
What are the grounds on which law enforcement officers can arrest a person for hurting a household member?
Law enforcement officers can file domestic violence charges in New Jersey against people and arrest them during the following circumstances.
- When a victim claims to have been injured by a household member.
- When the officer possesses probable causes to believe that the suspected violence must have occurred.
- When the victim shows clear signs of bodily injuries.
- When the officer holds a legal arrest warrant to take the suspect under custody.
- When the accused person is found guilty of violating a currently effective restraining order.
- When the officer holds sufficient reasons to claim that the suspect used a weapon to injure the victim.
A law enforcement officer can have the transgressors arrested or register domestic violence charges New Jersey against them or proceed with doing both when there are clear reasons to believe that they have engaged in household abuse, regardless of whether or not the conditions mentioned above are met. But there is no mandatory requirement to arrest the offender in this case.
If the case involves two people, who are equally injured, the officer should proceed with the filing of domestic violence charges New Jersey only after deciding on the actual perpetrator.
The real perpetrator is decided and criminated with domestic violence charges New Jersey by using the following strategies:
- The physical injuries of the two people are compared.
- The officer checks whether either of the two was accused of or proven guilty of household abuse in the past.
- Other relevant factors are also taken into consideration.
What are the types of domestic violence charges New Jersey?
The state government acknowledges two types of domestic violence charges New Jersey, namely simple and aggravated household abuse criminations. The public is often confused with these two domestic violence charges New Jersey, and they tend to mix them up frequently. Therefore, the hired attorney should primarily look into the case details carefully to analyze the nature of the domestic violence charges New Jersey filed against the alleged client. A proper and aggressive legal defense can be prepared only after knowing the actual set of domestic violence charges New Jersey registered against the criminal. Therefore, fully understanding the inflicted domestic violence charges New Jersey is crucial.
Simple domestic violence charges New Jersey are registered against an individual who is found to have acted in the following ways.
- Intentionally or carelessly injuring another person.
- Attempting to hurt another person.
- Harming another person by using deadly weapons.
- Threatening the safety of another person.
The above-mentioned deadly weapon can be a gun, knife, or any item that puts a person in fear of losing one or more limbs or even death. Simple domestic violence charges New Jersey can be inflicted when the victim suffers bodily injuries that include physical impairment, severe or minor bodily pain, severe life-changing injuries, long-term loss of physical functions, permanent disfiguration, or organ damage. Additionally, simple domestic violence charges New Jersey can be incurred when the perpetrator is seen to have indulged in committing crimes that were previously discussed to have been lawfully regarded as domestic violence.
Aggravated domestic violence charges New Jersey are more serious and come with severe penalties compared to the simple ones.
In specific, aggravated domestic violence charges New Jersey are registered when the transgressor is accused of acting in the following ways:
- Injuring individuals to an extent to which they were at risk of survival post or during the incident.
- Hurting individuals without rendering regard to the life of another person.
- Using a deadly weapon to injure another person.
- Intentionally behaving in ways to hurt another individual grievously.
What is the penalty for domestic violence charges New Jersey that are proven beyond a reasonable doubt?
Domestic violence charges New Jersey can result in a variable set of penalties depending on the seriousness of the reported crime. Fourth-degree domestic violence charges New Jersey are inflicted against a person who assaults a law enforcement officer. The fourth-degree domestic violence charges New Jersey can lead to a jail sentence of 18 months and a maximum fine of $25000. Third-degree domestic violence charges New Jersey are filed against an individual who assaults and injures a law enforcement officer. The said third-degree domestic violence charges New Jersey can result in 3-5 years imprisonment. Second-degree domestic violence charges New Jersey can lead to 5-10 years imprisonment. Simple domestic violence charges New Jersey can incur a jail sentence of 6 months and a fine of $1000. Finally, petty domestic violence charges New Jersey can be registered against people who assaulted another person during a consensual ballroom fight. The petty domestic violence charges New Jersey can lead to a jail sentence of 30 days.
How do lawyers defend domestic violence charges New Jersey?
Lawyers would try and make use of various defense strategies to get domestic violence charges New Jersey removed or reduced to a less severe set of criminations. The primary responsibility of a lawyer would be to submit the necessary piece of proof in support of the defendant. In most cases, our lawyers would focus on challenging the authenticity and adequacies of the evidence submitted by the plaintiff. Attorneys would also concentrate on indicating the irregularities or discrepancies in the arrests performed. Most lawyers would aim to reduce the domestic violence charges New Jersey by proving that the defendants do not pose risks to the safety of the plaintiffs or the public in general. Finally, attorneys would majorly negotiate with the opposing counsel to get the domestic violence charges New Jersey or punishments reduced for the offender.
Several attorneys can force clients to accept unfavorable plea bargains to save time and energy in settling cases. Not all attorneys are known to handle domestic violence efficiently charges New Jersey in the right way. Choose your attorney wisely while facing domestic violence charges in New Jersey.
The Law Offices of SRIS, P.C., with their team of experienced and certified attorneys, represent both the victims and the defendants. Our lawyers are qualified to defend all kinds of domestic violence charges New Jersey. Using every available resource and legal provision to work puts our clients out of the mess. The services of our domestic violence attorneys are known to be cost-effective and result-worthy. Call or visit our office today to learn more about domestic violence charges New Jersey from our legal teams.