Domestic violence is a serious offense in New Jersey, and a conviction is accompanied by both civil and criminal penalties. Understanding the criminal consequences of this offense is imperative for anyone who has been involved in a domestic altercation. To learn more about your legal rights and options and to secure skilled representation, reach out to an experienced Mercer County domestic violence defense lawyer today.
What is Domestic Violence?
Domestic violence is essentially assault or harassing behavior committed between two individuals who share a domestic relationship. For the purposes of this crime, New Jersey law defines a domestic relationship as:
- A spouse
- A former spouse
- Any other person who is a present household member or was at any time a household member
- A person with whom you share children
- A person with whom you are expecting a child
- A person with whom you have had a dating relationship
Under New Jersey Statutes 2C:25-19, domestic violence is the occurrence of one or more of the following committed by an individual against another person who has a relationship as described above.
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
- Cyber harassment
If any of these actions are committed between two or more individuals who share a domestic relationship, it can be considered domestic violence. A conviction can result in significant legal consequences, so it is crucial that you understand the possible outcomes of your case.
What Are the Penalties for Domestic Violence in NJ?
Domestic violence is a broad term that encapsulates the criminal offenses listed above. Depending on the specific offense that was committed and the details of the violence, the penalties will vary significantly.
NJ 2C:43-6.8 outlines the penalties for domestic violence offenses involving homicide, aggravated assault, assault by auto or vessel, kidnapping, criminal restraint, sexual assault, and criminal sexual contact. Under this law, unless another statute requires a higher mandatory minimum term of imprisonment, a conviction can result in the following prison terms.
- Fourth-degree second or subsequent: 18 months
- Third-degree second or subsequent: 5 years
- Second-degree: 10 years
- First-degree: 20 years
In general, the consequences you can face for a domestic violence conviction will vary based on the factors unique to your circumstances. For example, a simple assault conviction could result in up to 6 months in jail and fines of up to $1,000, whereas stalking could carry 3 to 5 years in prison and up to $15,000 in fines.
The penalties you incur will depend on the severity and nature of the offense, as well as whether you have prior convictions for similar offenses. To learn more about the consequences of domestic violence, reach out to an experienced domestic violence attorney today.
