Domestic violence is defined as an action taken by one partner in a relationship to control or hurt the other. Family courts and criminal courts have concurrent rules over “family offenses” such as assault, sexual misconduct or abuse, stalking, menacing, and strangulation. Anyone performing these acts can be charged with domestic violence.
Domestic Violence Accusations
- Beatings or physical attacks such as kicking, slapping, punching or hair pulling.
- Threats that make the victim afraid for themselves or others.
- Involuntary sexual contact or rape under threats.
- Theft or damage to personal property.
- Forced entry into home, with or without a weapon.
- Threats with a weapon such as a gun or knife.
- Repeated verbal degradation and attacks.
- Stalking by actions done more than one time.
Domestic Violence Penalties and Sentences
If the assault took place during a consensual fight, then the charge will be downgraded to a petty disorderly person offense.
- If the assault occurred on a public official like a police officer, then the charge will be upgraded to a fourth degree crime which can carry up to 8 months in prison.
- The charge may be upgraded to a third degree crime if the assault took place on a public official and bodily injury resulted. A third degree crime carries 3 to 5 years in prison if convicted.
- Criminal contempt in domestic violence cases is a fourth degree crime which carries penalties of up to 8 months in prison and $25,000 in fines if convicted. (N.J. Rev. Stat. §§ 2C: 25-30, 2C:25-31, 2C: 29-9)
Whether you are guilty or innocent, you need a strong domestic violence defense attorney.
Domestic Violence Defense Attorney, New Jersey
We at the Law Office of Joel Silberman work for the best result for our client. We study your case and fight vigorously for you and do our best to dismiss or minimize your penalties. We have offices in Jersey City, Newark, and New York. Call us today at 201-420-1913 for a consultation with Attorney Joel Silberman.