Domestic violence can be a felony in Freehold, NJ, depending on the circumstances of the case. The legal consequences of domestic violence charges vary, with certain cases being classified as disorderly persons offenses (misdemeanors), while others rise to the level of indictable crimes (felonies).
The Legal Definition of Domestic Violence in New Jersey
Domestic violence is a serious matter, and the legal system takes these cases very seriously. Domestic violence isn’t just one specific charge but can describe many different actions. For example, it can involve physical violence like assault, but it can also include emotional abuse, harassment, or even controlling someone financially.
What makes an act “domestic violence” is the relationship between the people involved. If the harmful act is committed by a spouse, partner, former partner, or someone who lives with the victim, it’s considered domestic violence.
There are many different actions that qualify as NJ domestic violence offenses. These include:
- Assault – Physically hurting someone
- Sexual assault – Forcing someone into a sexual act against their will
- Harassment – Repeatedly bothering or threatening someone
- Stalking – Following someone or making them feel unsafe by watching them closely
- Kidnapping – Taking someone and holding them against their will
Domestic violence in New Jersey can be charged as either a misdemeanor (which is called a disorderly persons offense) or a felony (known as an indictable crime). Whether the charge is a misdemeanor or felony depends on how serious the act was.
Is Domestic Violence a Felony in Freehold, NJ?
In New Jersey, domestic violence charges can vary depending on how serious the allegations are. Some charges are considered to be comparatively minor, like harassment, which means bothering or threatening someone. These are usually treated as misdemeanors/disorderly persons offenses. Misdemeanor penalties are less severe and might include fines or a jail sentence of up to six months.
On the other hand, those who commit more serious actions, like physically hurting someone in a serious manner or using a weapon, may face felony/indictable charges, which carry more severe penalties. For example, a conviction on the more serious charges of aggravated assault or sexual assault can lead to a punishment of years in prison and fines in the tens of thousands of dollars or more. The law treats these cases differently based on how dangerous the act was and the harm caused to the victim.
Penalties and Consequences of Felony Domestic Violence Charges
The specific penalties imposed for felony domestic violence charges in New Jersey will depend on the degree of crime. These include the following.
Fourth-Degree Indictable Offenses (Felony)
These are more serious than misdemeanors but less serious than higher felony levels. Examples include lewdness or stalking. Penalties include:
- Maximum Fine – $10,000
- Maximum Prison Time – Up to 18 months
Third-Degree Indictable Offenses (Felony)
These are even more serious, with examples including aggravated assault and burglary. Penalties include:
- Maximum Fine – $15,000
- Prison Sentence Range – 3-5 years
Second-Degree Indictable Offenses (Felony)
These offenses can include sexual assault and robbery, and they carry the following penalties:
- Maximum Fine – $150,000
- Prison Sentence Range – 5-10 years
First-Degree Indictable Offenses (Felony)
These are the most severe domestic violence charges, including homicide, rape, or kidnapping. Penalties are as follows:
- Maximum Fine – $200,000
- Prison Sentence – 10-20 years (Life imprisonment is possible for murder)
Defending Against Domestic Violence Charges
If you are facing domestic violence charges in NJ, it’s crucial to understand your defense options. There are several strategies a domestic violence lawyer in NJ might use to defend your case:
- Challenging the evidence – Your lawyer will seek to exclude evidence that was improperly obtained or handled, weakening the prosecution’s case against you.
- Self-defense – Acting in self-defense or in defense of others could justify your actions.
- False accusations – There are instances where some individuals use domestic violence accusations as a weapon in personal disputes, especially during contentious divorces. If someone falsely accuses you, your lawyer will actively work to prove the charges are baseless.
Steps to Take if Accused of Domestic Violence
While it can be alarming to find yourself charged with felony-level domestic violence, don’t panic. There are certain steps you can take to protect yourself and your freedoms and to contest the charges you’re facing. These include the following:
- Hire an attorney – The first step is to find a qualified domestic violence lawyer in NJ. Your legal team will explain what to expect and build a strong defense based on the facts of the case.
- Avoid contact with the accuser – Even if you believe the accusations are untrue, avoid reaching out to the person who made the claim. Any contact can be used against you and could harm your case in court. The accuser might even try to provoke a reaction, so it’s best to stay away completely. Let your lawyer handle all communication to prevent misunderstandings or further legal issues. This step is especially important if the court has issued a restraining order against you, as violations could exacerbate the charges you’re facing.
- Gather evidence – Gather any evidence that can help your case, such as text messages, emails, or photos. The more evidence your lawyer has, the better they can defend you against the charges. You can also ask witnesses who know about the situation to give statements that may support your version of events.
Contact Our NJ Domestic Violence Defense Attorneys for Help
If you’ve been charged with felony domestic violence or want to know how to drop domestic violence charges in NJ, contact Keith Oliver Criminal Law immediately. Our attorneys are committed to defending individuals accused of domestic violence and can help you understand your rights and legal options.
Our defense lawyers are here to offer guidance whether you are dealing with a first-time accusation or a serious felony charge. We can meet with you for a consultation to discuss the details of your case, explain your options, and create a plan to fight the charges.
