Domestic Violence Assault Charges

Mercer County NJ Domestic Violence Defense Attorneys

 As one can imagine, the Mercer County prosecutors take a tough stance when it comes to acts of domestic violence but they take any even tougher stance when it comes to assault charges. Altercations between spouses, family members and significant others are going to occur, that is just a part of life. However, when arguments escalate and it gets physical, it becomes a whole different ball game. Law enforcement, in towns like Lawrence, Hamilton, Princeton, West Windsor, East Windsor, Robbinsville and Trenton have been trained to ensure that if they are called to a residences and it is alleged that one of the parties put their hands on another, regardless of the severity of the incident, that that individual must be arrested. Domestic violence assault charges can range in severity in New Jersey. It can either be a disorderly persons offense, which is New Jersey’s version of a misdemeanor all the way up to a second degree felony. The difference between the two could be the difference between receiving a probationary sentence at worst and a decade behind bars. If you have been arrested and charged with domestic violence assault charges in Mercer County, the Law Offices of Proetta & Oliver can help. If you would like to speak to one of our Mercer County domestic violence defense attorneys then please contact us at (609) 789-0779.

In addition to any criminal charges that occur as a result of a physical altercation between loved ones, a victim of an act of domestic violence also has the right to seek a temporary restraining order (TRO) as well. If a TRO is obtained, they will have the right to seek a final restraining order (FRO), which will remain in place for ever. If you have found yourself in this type of situation it is crucial that you speak to an experienced Mercer County domestic violence defense attorney as soon as possible about your options. These are very serious matters, ones that could not only land you behind bars but the ramifications can last a lifetime. Our office defends client’s accused of domestic violence assault charges in courts throughout Mercer County including the Mercer County Superior Court, the Lawrence Municipal Court, the Hamilton Municipal Court, the East Windsor Municipal Court, the West Windsor Municipal Court, the Robbinsville Municipal Court and the Princeton Municipal Court.

How Serious are Domestic Violence Assault Charges in New Jersey?

Domestic violence assault charges are serious criminal offenses and should not be taken lightly. Anyone charged with assault as a result of a domestic violence incident will be facing one of the following assault charges:

  • Simple Assault;
  • 4th Degree Aggravated Assault;
  • 3rd Degree Aggravated Assault;
  • 2nd Degree Aggravated Assault.

Just like all other non-domestic assault charges, the degree of an assault charge a Defendant is charged with will depend directly on either the type of injury caused or the type of injury that was attempted to be caused. So for example, if a Defendant is alleged to have struck his wife in the face with a closed fist but no real injury was suffered, the Defendant will most likely be charged with simple assault. However, if a Defendant is alleged to have choked his wife, regardless of the duration, the Defendant will most likely be charged with aggravated assault in the second degree under the attempt the theory. As you will see below, the difference between the too is life changing. For more information the difference between each assaultive charge, please check the corresponding links above. Lastly, if the alleged assault occurred in front of a child, a Defendant may also be charged with endangering the welfare of a child as well to. For more information on that offense, please click the link as well.

Will I go to Jail for Domestic Violence Assault Charges in NJ?

It is well known that prosecutors will aggressively prosecute anyone alleged to have committed an assaultive act of domestic violence. It is important to note here that this is regardless of the sex of the Defendant. They will prosecute any female accused of assault just as aggressively as they would any male. The degree of the assault charge and a Defendant’s prior criminal history will play a major role in whether the prosecution is seeking jail time or not. One other factor that will play a major role is the past history of domestic violence between the parties. This factor will be heavily examined by prosecutors. Here is a quick breakdown in the different degrees and the potential penalties that one faces:

2nd Degree Felony Domestic Violence Aggravated Assault Charges – What is Serious Bodily Injury?

  • 5 to 10 Years in a State Prison;
    • Subject to the No Early Release Act (NERA)
  • $150,000 Fine
  • Felony Criminal Record

3rd Degree Felony Domestic Violence Aggravated Assault Charge- What is Significant Bodily Injury?

  • 3 to 5 Years in a State Prison;
    • The No Early Release Act (NERA) Does NOT apply
  • $15,000 Fine
  • Felony Criminal Record

Disorderly Persons Offense Domestic Violence Simple Assault Charges -What is Bodily Injury?

  • 6 Months in the Mercer County Jail;
    • The No Early Release Act (NERA) Does NOT apply
  • $1,000 Fine
  • Criminal Record

Charged with Domestic Violence Assault in Lawrence NJ

As you can see from just reading above, domestic violence assault charges are no laughing matter. These are very serious charges and if not handled properly could drastically affect your life. Our office has been defending clients who have been accused of domestic violence offenses like terroristic threats, temporary restraining orders, stalking, harassment, sexual assault and endangering the welfare of a child in Mercer County for years. If you would like to come into our office to discuss your options then please contact us directly at (609) 789-0779. We are well aware that these types of charges can arise at all hours of the day, so if you would like to speak to one of our attorneys about your options please do not hesitate to contact us.