Under New Jersey’s domestic violence law, there are 19 crimes that constitute domestic violence if they are perpetrated against someone with whom the alleged perpetrator has a domestic relationship. One of the charges, criminal mischief, includes damaging personal property.
If you purposely damage property that belongs to a spouse, former spouse, child, someone you’ve dated, or others protected by the N.J. Domestic Violence Act, you can be charged with criminal mischief as well as domestic violence. That means you face two charges that could result in jail time and thousands of dollars in fines. It is also likely that the alleged victim will seek a restraining order against you. But if you damage property that you own in an act of anger and frustration, that should not necessarily be charged as domestic violence.
If you have been charged with domestic violence and criminal mischief in New Jersey, you need the prompt assistance of an experienced criminal defense attorney. An attorney with the Law Offices of Jonathan F. Marshall can try to keep a family dispute from escalating into a criminal case. If there has been harm that makes answering criminal charges unavoidable, we can prepare a strong defense and seek the most favorable outcome for you.
The Law Offices of Jonathan F. Marshall has offices across New Jersey and a team of 12 attorneys who are former prosecutors and public defenders who have worked in courtrooms across the state. The team at the Law Offices of Jonathan F. Marshall law firm offers the experience and insights into the local court system that you need if you face domestic violence charges in New Jersey. Contact us now so we can act quickly to protect your rights.
Damage to Property That May Qualify as Domestic Violence
New Jersey’s criminal mischief law makes it a crime to:
- Purposely or knowingly damage the tangible property of another or damage tangible property of another recklessly or negligently in the employment of fire, explosives, or other dangerous means
- Purposely, knowingly or recklessly tamper with tangible property of another so as to endanger a person or property, including the damaging or destroying of a rental unit by a tenant in retaliation for the instigation of eviction proceedings.
To be charged with domestic violence, criminal mischief must be inflicted upon a person protected by the Domestic Violence Act. This includes:
- An adult (18 years old or older) or emancipated minor who has been subjected to domestic violence by a:
- Spouse
- Former spouse
- Any present or former household member
- Any person with whom the victim has had a dating relationship
- Any person with whom the victim anticipates having a child in common because the victim or abuser is pregnant
- Anyone who, regardless of age, has been subjected to domestic violence by a person with whom the victim:
- Has a child in common
- Anticipates having a child in common because the victim or abuser is pregnant
- Anyone who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
The Legal Relevance of Property Damage in Domestic Violence
New Jersey’s Prevention of Domestic Violence Act is a sweeping law. It includes a 600-word explanation that declares that domestic violence is a serious crime against society and that it is the intent of the N.J. legislature, police, and courts to provide victims of domestic violence the maximum protection from abuse the law can provide.
The offenses that may be considered acts of domestic violence if committed against an individual protected by the Act range from violent crimes – homicide, assault, sexual assault – to threatening acts, such as criminal trespass, harassment, and stalking. They also include criminal mischief, the destruction of property when the act is meant to endanger someone or create a substantial risk of serious physical injury to them.
In the context of a domestic dispute, purposely damaging property can be seen as a threatening and controlling act. Smashing items – plates, drinking glasses, small accessories – is a demonstration of the violence the perpetrator is capable of inflicting. Slashing tires on a car traps the victim of abuse. Even threatening to destroy prized possessions is an act of coercion meant to make the victim comply with the abuser’s demands to avoid the destruction of property.
But damaging property that belongs to you is not criminal mischief. Punching a hole in the wall, slamming your hands or a book against a tabletop, or even smashing property may not be aimed at anyone. An act of frustration does not necessarily constitute domestic violence.
An arrest on domestic violence charges – even with an additional charge of criminal mischief – does not automatically result in a guilty verdict. Let the Law Offices of Jonathan F. Marshall defend you.
Being Arrested for Destruction of Property in a Domestic Disturbance
Any time police are called to a domestic disturbance, the best thing you can do for yourself is:
- Calm down.
- Cooperate.
- Call a lawyer.
New Jersey police will almost always arrest the person who is accused of being the aggressor in a domestic violence call. Being arrested and charged with domestic violence usually results in the court issuing a temporary restraining order.
If the police place you under arrest, the police should tell you that you have the right to remain silent and to have an attorney present when you are questioned by the police. You should provide routine information, such as your name, age, and address, but you should also calmly ask to be allowed to phone a lawyer and decline to answer questions.
You should not make any statement to the police about the incident leading to your arrest unless your attorney advises you to do so. Otherwise, you may say something that will have damaging consequences for your case.
The sooner an attorney from the Law Offices of Jonathan F. Marshall is working on your domestic violence case, the sooner we can begin negotiations to reduce the charges and challenge the evidence against you, possibly even how you were arrested.
Facing Charges of Property Destruction and Domestic Violence in NJ? Contact Us Immediately
If you have been charged with domestic violence, criminal mischief, or any crime in New Jersey, exercise your right to remain silent and call our experienced criminal defense attorneys as soon as you can. You should never face criminal charges without legal guidance.
The Law Offices of Jonathan F. Marshall will work diligently to help you avoid potentially severe punishments allowed under New Jersey law when a property crime is attached to domestic violence charges. Contact us for a free initial legal consultation and strong, dedicated legal representation.
