Few things are more upsetting than being accused of a crime that carries a long prison sentence. Even if you plead guilty, mandatory minimum sentencing guidelines will still require you to spend years behind bars. If you are convicted at trial, the sentence will be even longer. You may eventually become eligible for parole, but that is also a long time in the future. How do you say goodbye to your young children and tell them that you will see them when they are grown up? If you are being accused of second degree domestic violence in New Jersey, it is even more important to exercise your legal right to representation by an attorney than if your charges are for a minor crime. If you are being accused of a serious violent crime like second degree domestic violence against your spouse or romantic partner, a New Jersey domestic violence defense lawyer can help you avoid the worst consequences.
New Jersey Domestic Violence Laws
New Jersey law categorizes many different crimes under the umbrella term of domestic violence. According to the laws of New Jersey, what qualifies a crime as domestic violence is not the crime itself but the relationship between the defendant and the victim. If you and the victim are married to each other, live together as a couple, are in a dating relationship, or have a child together, then you can be charged with domestic violence. The main effect of this is not on your sentence; for example, aggravated assault is aggravated assault, no matter who is doing it to whom. Rather, the fact that an alleged crime took place between current or former romantic partners gives the alleged victim the right to receive a temporary restraining order against the defendant quickly. The purpose of this law is to keep the violence from escalating and also to prevent the defendant from trying to pressure the victim into refusing to cooperate with prosecutors.
What is a Second-Degree Crime?
The crimes that are called misdemeanors in other states are known as disorderly persons offenses in New Jersey. Likewise, the Garden State uses the term “indictable offenses” to refer to the types of crimes that most other states call felonies. In New Jersey law, an indictable offense can be first-degree, second-degree, third-degree, or fourth-degree, with first-degree crimes being the most serious. Some examples of second-degree crimes in New Jersey law include armed robbery, theft of property valued at $75,000 or higher, and aggravated assault. The sentence for a conviction for a second-degree crime can include fines of up to $150,000 and a prison term ranging from five to 10 years.
Aggravated Assault in Domestic Violence Cases
Domestic violence can take the form of many different crimes, only some of which involve physical injuries. Some examples of crimes that can be classified as domestic violence in New Jersey include harassment, stalking, kidnapping, criminal sexual conduct, criminal threats, assault, aggravated assault, and sexual assault, among others. The second-degree crime most often associated with domestic violence is aggravated assault. Aggravated assault is when you physically harm the victim or make a serious attempt to harm the victim with a weapon. Stabbing someone is aggravated assault, but so is holding a knife close to the victim and threatening to stab them. In 2021, New Jersey expanded the definition of aggravated assault so that it now also includes non-fatal strangulation. Previously, attempting to strangle or choke someone was a third-degree offense, but now it is a second-degree domestic violence offense.
What to Do if You are Accused of a Second-Degree Domestic Violence Offense
If you are being accused of aggravated assault or a second degree domestic violence offense against your current or former spouse or romantic partner, you should hire a criminal defense lawyer. Your lawyer will examine your case thoroughly and see if it is possible to persuade the prosecution to drop the charges because of a lack of evidence or because the state violated one of your rights in the process of charging you with the crime or gathering evidence related to it. If it is not possible to drop the charges, your lawyer will help you decide whether to plead guilty or to go to trial; most defendants plead guilty because their sentences are lighter than the sentences of defendants convicted at trial.
Whatever you do, do not contact your ex if the court has issued a restraining order telling you not to. Violating a restraining order is a crime, and if you contact your ex, you will have two criminal cases against you instead of one.
A Criminal Defense Lawyer Can Help You Fight Domestic Violence Charges
A domestic violence defense lawyer can help you if you are being accused of a second-degree domestic violence offense. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
