The case of domestic violence is severe and ends up with severe penalties, fines, probations, a ban on firearms, and it also becomes a permanent record. The victim has a lot of options for suing the perpetrator and can also ask for a settlement for medical bills, mental harassment, and suffering.
If you have been accused and are facing a similar situation, contact a Jersey City criminal defense attorney from the Law Offices of Brian J. Neary.
Domestic Violence is Defined As:
Domestic violence is any form of physical abuse against the partner from a current or former relationship. The New Jersey’s 1991 Prevention of Domestic Violence Act defines domestic violence when such actions or situations are included:
- Sexual assault
- False imprisonment
- Terrorist threats
- Criminal coercion
When you are charged with any of the above domestic violence, it is crucial to seek an experienced criminal defense attorney. This can cost you huge financially and reputation-wise.
Who is protected under the Act?
The domestic violence act protects the victim who has faced any of the above violence while in a relationship with the perpetrator. Some of those relationships that have protection under the law can be defined as follows:
- Dating or dated previously
- Live-in relationship
- Having a child together
Both partners should be at least 18 years old or independent minors. A juvenile is proclaimed emancipated by the court, even if they are married, have, or expect a child in the military. Domestic violence may affect both men and women, and both can be offenders and victims.
Misdemeanor or Felony?
Depending on the severity of the accusations, domestic violence is a serious felony. Perpetrators having committed any prior crimes, especially regarding domestic violence, can all get elevated within some time.
A simple case of assault can be defined as a misdemeanor. In New Jersey, a misdemeanor is known as “disorderly people charge.” But if the perpetrator is accused of domestic violence for the second time, all of the charges might get elevated.
How are felonies graded as?
Felonies are graded according to the severity of the abuse. It is usually divided into four degrees based on the type of crime that has been committed:
Fourth Degree- punishment up to 18 months.
Third Degree- punishment up to 3 to 5 years.
Second Degree- punishment up to 5 to 10 years.
First Degree- punishment up to 20 years.
As a resident of New Jersey if you are facing domestic violence charges, get assistance quickly from the Law Offices of Brian J. Neary.