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If someone accuses you of domestic abuse, and the police come to your home and find the accuser injured, they are required to arrest you. Domestic violence charges may not always be fair or accurate. Getting the legal assistance of a Jersey City domestic violence lawyer is very important if you are facing these charges.
Just because you have been in a dispute with a spouse, roommate, or another member of your household does not necessarily mean you have committed a criminal offense. Working with an experienced defense attorney could mean the difference between a conviction and a dismissal of charges.
In New Jersey, a domestic violence charge can involve homicide, assault, criminal sexual contact, burglary, harassment, and other offenses. What sets domestic violence apart from these other charges is simply the relationship between the accuser and the alleged offender. This relationship could be:
In New Jersey, law enforcement can bring domestic violence charges against individuals of any gender, including those in same-sex relationships. Age, however, does come into play. The accused must be at least 18 years old unless they are an emancipated minor. If the alleged offender is younger than 18 years old, the case falls under juvenile delinquency rather than domestic violence.
A domestic violence lawyer in Jersey City could provide more information on the specifics of a DV charge and work to build a defense accordingly.
Because domestic violence can range widely in type and severity, the penalties associated with a conviction depend on several factors. For example, a disorderly person’s offense, which may be harassment or simple assault, is likely to be a misdemeanor with a maximum fine of $1,000 and a maximum sentence of six months in jail. Probation or anger management courses may be required as a substitute for traditional penalties.
More serious domestic violence charges are classified as felonies and come with harsher consequences. Felony charges range from fourth to first-degree, with fourth-degree offenses carrying up to 18 months in prison and $10,000 in fines. As the severity increases, so do the penalties—first-degree charges carry maximum penalties of $200,000 in fines and 20 years in prison. Felony domestic violence offenses include stalking, sexual assault, burglary, kidnapping, and murder.
Other potential penalties associated with domestic violence charges include:
Domestic violence penalties are not something to take lightly, which is why working with a lawyer is so crucial. A Jersey City domestic violence attorney knows the nuances of local laws and could work on a strong defense that aims to mitigate potential penalties.
The Law Office of Eric M. Mark has assisted countless clients with misdemeanor and felony domestic violence charges. We carefully investigate each case and put together a tailored defense strategy.
You need a Jersey City domestic violence lawyer with experience and integrity. Give us a call today to set up your free case evaluation.