You can tell just from the sound of it that third-degree crimes are less serious than first-degree or second-degree crimes, but there is no such thing as a minor crime when you are the one who has to live with the consequences. Even a misdemeanor conviction on your record can make it more difficult for you to get a job, and if you have a felony conviction, you will not be able to start the process of getting your voting rights back until after you finish your sentence. If the crime, regardless of its severity, relates to domestic violence, then your case can affect the property settlement you get in your divorce, as well as how much parenting time you get with your children. Credible allegations of domestic violence could count against you even if you were not convicted in criminal court. In other words, even though it is not as bad as a murder charge, getting accused of a third-degree domestic violence offense is a big deal, and if it happens to you, you should contact a New Jersey domestic violence defense lawyer.
What is a Third Degree Offense?
Instead of using the terms “misdemeanor” and “felony,” which are prevalent in most other states, New Jersey uses the term “disorderly persons offense” to refer to lesser crimes that are tried in municipal court and for which the harshest possible sentence is several months in county jail. The term “indictable offense” refers to the more serious crimes for which you can spend years in state prison and which involve a grand jury indictment as part of the criminal procedure. New Jersey law recognizes four different degrees of indictable offenses. If you get convicted of a third-degree offense, the court can order you to pay a fine of up to $15,000 and to spend anywhere from three to five years in state prison. After your prison sentence, you might need to spend additional time on probation or supervised release.
The following is a partial list of third-degree indictable offenses according to New Jersey law:
- Aggravated assault resulting in bodily injury
- Drug possession
- Theft of merchandise valued above $500
- Burglary
- Endangering the welfare of a child
If you get accused of a third degree domestic violence, a five-year prison sentence is a worst-case scenario. The best-case scenario is getting a plea deal where the prosecution agrees to reduce the third-degree crime charge to a misdemeanor charge in exchange for you pleading guilty to it. You are more likely to get a good plea deal if you hire a criminal defense lawyer to represent you in your criminal case.
What Determines Whether a Crime is Domestic Violence?
The deciding factor in whether New Jersey law categorizes a crime as domestic violence is the relationship between the defendant and the victim. In ordinary conversation, people sometimes use the term “domestic violence” to refer to physical violence or related behaviors of intimidation and control when they take place between any two members of a family that live together. In other words, this broad definition includes parents and stepparents, children and stepchildren, siblings and stepsiblings, aunts and uncles, nieces and nephews, grandparents, grandchildren, and in-laws. Under New Jersey law, this is called family violence.
Domestic violence has a narrower definition. New Jersey only applies domestic violence laws if the defendant and the victim are married to each other, dating each other, living together as a couple, or if they previously had one of these types of relationships with each other. The definition of domestic violence also applies if the defendant and the victim have a child together, regardless of their relationship status with each other.
Some domestic violence crimes involve physical injury to the victim, and others only involve the potential for it. For example, sexual assault of one’s ex-girlfriend is domestic violence, but so is stalking. The third-degree offense most commonly involved in domestic violence cases is aggravated assault involving bodily injury.
What Should You Do if You Get Accused of Third Degree Domestic Violence?
If you are being accused of a third-degree crime against your spouse, partner, or ex, the first thing you should do is contact a criminal defense lawyer. You should not make any attempt to contact your accuser if the court has issued a temporary protective order; if you do, you can face additional criminal charges.
A Criminal Defense Lawyer Can Help You Fight Third Degree Domestic Violence Charges
A domestic violence defense lawyer can help you if you are being accused of a third-degree domestic violence offense. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
