Felony and Misdemeanor Domestic Violence Classifications

Facing domestic violence charges in New Jersey can be overwhelming, with the potential for severe penalties, a tarnished criminal record, and lasting effects on your family, reputation, and future.

Without a clear understanding of the differences between felony and misdemeanor classifications, you risk navigating a complex legal system unprepared, increasing the likelihood of harsher consequences.

Lackey & Miller, LLC provides skilled legal representation, protects your rights, and helps you pursue a more preferable outcome. Contact us today to take control of your situation.

What is Domestic Violence Under New Jersey Law?

New Jersey defines domestic violence under the Prevention of Domestic Violence Act of 1991. It applies to relationships such as:

• Household members
• Divorced spouses or a former spouse
• Separated spouses
• People previously living together
• Parties that have a child together
• Parties that are expecting a child together
• People in a dating relationship

The behaviors that fall under domestic violence include threatening action. Actions considered to be physical harm, harassment, or threats could be viewed as domestic violence under the state’s laws.

What Are Common Domestic Violence Offenses?

A wide range of offenses could fall under domestic violence when they occur between people who meet the state’s definition of domestic parties. Some examples of domestic violence cases in New Jersey include:

• Homicide
• Physical assault
• Kidnapping
• Criminal restraint
• Sexual assault
• Stalking
• Criminal coercion
• Cyber harassment
• Harassment
• Criminal trespassing
• Lewdness
• False imprisonment

What Are the Degrees of Domestic Violence Charges?

The severity of domestic violence accusations determines the specific degree of charges in New Jersey, ranging from disorderly persons offenses to indictable offenses. Disorderly persons offenses may apply to simple assault or harassment. Penalties may also include anger management classes or sometimes probation.

Felony domestic violence charges carry a much higher risk of prison time. These charges apply to cases involving a weapon for unlawful purposes, aggravated assault charges, and sexual assault charges. Those with a prior history of convictions may face more aggressive charges. The law allows for charges to carry:

• Fourth-degree offenses: Up to 18 months in New Jersey State Prison
• Third-degree offenses: Three to Five years in prison
• Second-degree offenses: Five to 10 years in prison
• First-degree offenses: Up to 20 years in prison

What Are the Classifications of Domestic Violence Offenses in New Jersey?

More clearly, the classifications of domestic violence offenses in New Jersey fall into one of the following:

• Misdemeanor charges: This typically is a disorderly persons offense which carries the risk of anger management classes, probation, and up to six months in jail. It also creates a criminal record, which could impact your future employment and personal life.
• Felony charges: These are indictable offenses, which include charges of assault, sexual assault, use of a deadly weapon, or carrying a deadly weapon at the time of the incident.

Depending on the situation, it is possible that a misdemeanor charge could be escalated to a felony. The differences could include past behavior as well as if the person suffers serious harm.

What Are the Consequences of a Domestic Violence Conviction?

Criminal charges of domestic violence can lead to both legal and personal consequences. A domestic violence conviction in the state of New Jersey carries the risk of time in prison, fines, and can have a direct impact on child custody cases. You may be prohibited from carrying or owning a firearm as well.

Conviction of such crimes can also carry ongoing consequences in your life. This includes impacting your relationships, your reputation, your ability to obtain a new job, or otherwise beating the stigma of having a criminal record.

How Do I Defend Myself Against False Accusations in Domestic Violence Crimes?

If you are charged with domestic violence, hire an attorney immediately. Even if you believe the accusations from the alleged victim are absolutely false, the risk of going to court and facing the implications of a conviction is very high. Seek legal representation with our law offices to begin building a defense strategy.

When you call our law office, we begin working to learn as much as we can about your case. We explore the evidence law enforcement has from the alleged victim and all aspects of the criminal offenses, including timelines. We do everything we can to minimize the risk of a conviction.

What Legal Protections Are Available for Victims?

A victim of domestic violence has various protections under the state’s laws, including restraining orders. Consider the following types of restraining orders available and how they aim to minimize the risk of future incidents.

Temporary Restraining Orders (TRO)

A TRO goes into place for a short period of time to allow for immediate protection of the alleged victim. A law enforcement officer should be your first call if you believe you are in need of immediate help. This restraining order goes into effect until a judge can discuss the situation with both parties.

Final Restraining Order (FRO)

A FRO is ultimately a permanent restraining order. It is put in place when a judge reviews the case and determines there is a reason to issue it. This restraining order will not expire unless a judge vacates the order. It carries long-term effects on every facet of your life.

Is There a Possibility of Dismissal for a Domestic Violence Case?

It is possible for domestic violence cases in New Jersey to be dismissed. However, once an alleged victim comes forward, there will be a review of the evidence. A judge can determine if there is insufficient evidence, inconsistencies in the alleged victim’s testimony, or procedural errors that can lead to a dismissal of charges.

How Can a Law Firm Assist in New Jersey Domestic Violence Cases?

Hiring a law firm to help you may be critical to the outcome of your case. Your attorney can provide you with guidance on your rights and protect those rights throughout the legal process. Your attorney will aid in:

• Learning what evidence is available to be used against you
• Gathering evidence to support your defense
• Building your case against violent crimes such as criminal sexual contact or contempt of a domestic violence order
• Representing you in a court of law
• Providing you with clarity on defense strategies that may apply in your situation

Hiring an attorney provides you with insight into all aspects of the law. It allows you to gain critical knowledge to make decisions related to your case. Domestic violence charges in New Jersey are serious accusations. You need the full level of support possible from your law firm.

Why Work With Lackey & Miller, LLC

At Lackey & Miller, LLC, you gain the legal resources you need from skilled criminal defense attorneys. With years of experience fighting for justice in the local court system, we bring passionate legal guidance to our clients’ cases. Whether you are facing charges of criminal mischief or more serious crime charges related to domestic violence, do not hesitate to contact our law firm to learn more about your rights.

Testimonials

“Jeremy was very helpful and always responded whenever I had a question. Made the legal process a lot less stressful and basically seamless. Very transparent and responsive. Thank you” – AE.

“Jeremy and the team at Lackey and Miller are great! I would highly recommend them. I appreciated everything they did for me and my family.” – GF.

“Lackey and Miller stayed in constant contact with me throughout the court process and let me know every time my court date was which is what I liked Lackey and Miller also got my pending charges dismissed thank you Lackey and Miller” – FP.

Additional Resources

• What to Do If You’re Falsely Accused of Domestic Violence: If you are accused of domestic violence, seek legal representation immediately. Avoid any confrontation with the alleged victim and avoid making any statements to the police about what occurred until you speak to your attorney.
• Consent Searches in the Scope of Domestic Violence Investigations: Know Your Rights: Learn what law enforcement can and cannot do during a domestic violence investigation. Know what your rights are when charged with a crime.

Don’t Face Domestic Violence Charges Alone—Call for Legal Advice.

Domestic violence is a serious allegation in New Jersey. Turn to Lackey & Miller, LLC, for the criminal defense attorney you need. Fill out our contact form or call 856-399-0089 for immediate help.