In New Jersey, domestic violence can fall into one of two categories. It can be the less serious charge of disorderly persons conduct (misdemeanor) or indictable offense (felony). A Hackensack criminal lawyer is there to help you understand the different factors influencing the decision to charge you under one or the other.
Factors Influencing the Charge
Not one, but several factors will influence the type of charge a defendant will face. Among the list are the following three significant considerations:
- The phase of the Domestic Violence Cycle: These are the Tension Building, Explosion and Honeymoon phases.
- The existence of any prior offenses.
- The type of conduct leading to the charge e. g. harassment or aggravated assault.
A court will closely look at the diverse aspects of the case to determine what category the charge falls into. The system will also consider what court – municipal or higher, is the best venue to judge and sentence the offender. A Hackensack criminal lawyer can help his or her clients navigate through the various often convoluted issues that will influence the specific charges. S/he will also clearly explain how the specific conduct results not only in the determination of the category of the crime but also in the severity of the punishment.
Domestic Assault
New Jersey takes such crimes seriously. Officials have come to recognize its severity and impact on society. Talk to a Hackensack criminal lawyer. S/he can provide information and even guidance on how the courts address this issue in New Jersey.
