Domestic Violence & Aggravated Assault in NJ
“Aggravated Assault in a Domestic Violence context typically leads to felony criminal charges (2nd, 3rd, or 4th degree) as well as a temporary restraining order (TRO) if the victim so chooses. These will be handled in two separate courts by two separate judges.”
Aggravated Domestic Violence Assault Lawyers NJ
It is important to understand what it means to be accused of aggravated assault in the context of domestic violence in New Jersey because it may subject you to criminal charges and a permanent restraining order. Aggravated assault is considered the more serious of assault crimes in New Jersey, meaning a conviction could lead to incarceration. In addition to the potential for indictable criminal charges, an aggravated assault domestic violence offense is considered grounds for a protective order, also known as a restraining order. If a plaintiff obtains an FRO against you based on aggravated assault, you can be arrested again and charged with contempt if you ever violate it.
If you or a loved one needs help with a domestic violence matter involving aggravated assault in New Jersey, The Tormey Law Firm is dedicated to assisting you. Our domestic violence defense attorneys regularly represent clients in virtually every county in New Jersey, including in Bergen County, Hudson County, Morris County, Passaic County, and Essex County. With a track record of successes, we have earned a reputation for excellence in the field of NJ domestic violence law. In fact, our firm’s founder Travis J. Tormey is recognized as an authority on domestic violence in New Jersey, even serving as a legal resource for prominent publications and media outlets. To speak with an attorney who can answer your questions about aggravated domestic violence in NJ, call (908)-336-5008 or send us an email. The initial consultation is always provided free of charge.
Aggravated Assault and Domestic Violence in NJ: The Basics
There are several degrees of aggravated assault in New Jersey, explained in section N.J.S.A. 2C:12-1(b) of the NJ criminal code. Similarly, there are numerous ways in which aggravated assault can occur. Depending on the specific type of aggravated assault offense and the extent of the victim’s injuries, you may be charged with a fourth degree or third degree crime. Typically, an aggravated assault offense results in serious or significant bodily injury. “Serious bodily injury” refers to injury that creates a risk of death, or causes serious, permanent disfigurement or harm to a person’s bodily function. “Significant bodily injury” includes any injury resulting in short-term loss of the function of any organ, body part, or one of the five senses.
If the victim doesn’t suffer serious or significant bodily injury, you can still be charged with aggravated assault if the offense involves a deadly weapon, if you are accused of pointing a firearm at them, if you allegedly start a fire or cause an explosion, or if your conduct is considered to have shown extreme indifference to the value of a human life.
Aggravated assault is a felony in New Jersey, meaning it is subject to indictment by a grand jury. As such, an aggravated assault charge will be handled in the Superior Court in the county where the alleged act took place. A person charged with fourth degree aggravated assault is exposed to a term of incarceration up to 18 months. Third degree aggravated assault carries a prison term ranging from 3 to 5 years. On a second degree aggravated assault, a defendant is facing 5-10 years in prison with a presumption of jail time even if they have no prior record.
NOTE: Because aggravated assault is a violent criminal offense, a defendant must serve 85% of their prison sentence before becoming eligible for parole under the No Early Release Act (NERA).
Aggravated Assault in Domestic Violence Incidents – A Warrant Complaint
If you are arrested and charged with aggravated assault arising out of an alleged domestic violence dispute, these criminal charges must be issued on a warrant complaint. This means that, after you are fingerprinted and processed, you will be taken to the county jail to be housed before you see a Judge. A Judge will then review your bail in 24-48 hours to determine whether or not you will be released back into the community. If the State does not move for detention on the you, the Judge will release you with certain conditions (in person check in with probation, remote check in with probation, no contact with victim, etc.). If the State does move for detention, then you will remain in jail until the detention hearing (usually held within 5 days).
At the detention hearing, the prosecutor will ask the Judge to keep you in jail because you are a flight risk and/or a danger to the community. This is based on the nature of the charges, your prior criminal record (if any), and if you have ever failed to appear in court before. Your defense attorney will argue for your release. There is a presumption that you will be released from jail that the State has the burden to overcome.
After the bail review and/or detention hearing, the case will be scheduled for a pre-indictment conference where the State will provide discovery (evidence they have and intend to rely upon to prove the charges against you) and a plea offer. If the plea is accepted, the case will be resolved early on. If the plea is rejected, then the case will proceed to the grand jury for an indictment.
When Aggravated Assault Leads to a Restraining Order
As mentioned, aggravated assault is considered grounds for a final restraining order under the New Jersey Prevention of Domestic Violence Act. If a victim files a temporary restraining order claiming aggravated assault, you will need to appear for a final hearing, after which a judge will decide whether to issue a permanent restraining order against you. If an FRO is issued, you are prohibited from having any contact with the alleged victim and are subject to any other provisions included in the court order. Restraining orders can have broad-ranging impacts, including effects on child custody, housing situations, monetary support payments, and possession of weapons. As a result, it is critical to have an experienced restraining order lawyer defending your innocence during these hearings.
Need Answers about Domestic Violence and Aggravated Assault? Contact Experienced Attorneys in Passaic NJ
If you or a loved one is arrested for aggravated assault and domestic violence in New Jersey, the long-lasting repercussions of this situation can haunt you for years to come. At The Tormey Law Firm, our NJ domestic violence, restraining order attorneys have extensive experience defending clients against aggravated assault in Union City, Mount Olive, Paterson, Passaic City, Wanaque, Hillsborough, Hackensack, and throughout New Jersey. Call (908)-336-5008 to speak with an aggravated assault defense lawyer about your case. Consultations are absolutely free and so are the answers you need.
