Getting Probation for a Domestic Violence Charge in New Jersey

The New Jersey Prevention of Domestic Violence Act recognizes many different types of criminal activity under an additional umbrella of domestic violence if it involves someone protected under the Act. The Act allows victims to file an immediate restraining order as well as criminal charges, which carry a range of penalties based on the specific charges filed and the crimes alleged. In many cases, the sentences of those convicted of such crimes are grave and life-upending.

In New Jersey, domestic violence crimes carry severe consequences, including prison time and fines, the extent to which can vary from months to years of imprisonment, thousands to hundreds of thousands in financial penalties, not to mention the professional and personal ramifications. Securing probation or reduced sentences requires a strong defense. Our team at The Tormey Law Firm LLC is committed to providing the best defense for clients accused of domestic violence in Elizabeth, Metuchen, Cranford, New Brunswick, Garfield, and other towns in New Jersey. Contact us at (908)-336-5008 for a free and initial consultation.

The Scope of NJ Domestic Violence Offenses

Any of the following 19 crimes can be prosecuted as domestic violence offenses if they are committed by an adult or emancipated minor against someone protected by the act:

Assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, burglary, trespassing, criminal mischief, harassment, cyber-harassment, stalking, criminal coercion, robbery, contempt of a domestic violence restraining order, homicide, and any crime risking injury or death to a person protected under the Act.

Domestic Violence Sentences in New Jersey Vary by Charge Severity

The above charges associated with domestic violence in New Jersey vary in degree of severity. They range from fourth degree criminal offenses to first degree criminal offenses, the most serious. Equally, their sentences vary, with fourth degree crimes carrying a potential sentence of 18 months in jail and up to $10,000 in fines; and first-degree offenses, carrying a penalty of up to 20 years in prison and $200,000 in fines. Extended sentences apply to particularly egregious crimes like homicide. Many also carry mandatory minimum terms of incarceration.

Criteria and Exceptions for Probation in Domestic Violence Cases

As you can see, the penalties for criminal activity associated with domestic violence are steep. Getting probation in lieu of prison time or high fines is a difficult endeavor that requires the expertise of a domestic violence defense attorney. Even getting a reduced prison sentence in exchange for probation requires a skillfully crafted and executed defense. The superior court judges that handle criminal cases have a fair amount of discretion when determining how a person convicted of a domestic violence act will be punished.

Various factors go into sentencing, and much depends on the strength of one’s case in the defense as well as the severity of the charge. The possibility of probation is almost exclusively reserved for those who do not have a prior criminal conviction. It may also be an option for those whose domestic violence charges are relatively minor. In these cases, probation may be granted, in lieu of prison time, or it may be a condition of early release.

Probation Conditions in Domestic Violence Cases in NJ

Conditions of probation vary and are determined by the court. They can include regular check-ins and meetings with a probation officer, community service, participation in rehabilitative programs and job training, avoiding any arrests or new criminal charges, paying fines, and other conditions.

Timeline of Probationary Periods in Domestic Violence Sentencing

Probationary periods are fixed by the superior court judge. They carry a term of no less than one year and no more than five years.

Possible Consequences of Probation Violations after Domestic Violence Charges in New Jersey

If and when a person is granted probation, violating these terms results in serious penalties. The terms of probation may be made more strict, the probation may be revoked entirely, or one’s sentence may be augmented to even include prison time.

Let our NJ Attorneys Help You Get Probation or Other Optimal Results in Your Domestic Violence Case

Domestic violence offenses are crimes in New Jersey. As such, even relatively minor domestic violence offenses can lead to jail or prison along with other repercussions like employment impacts and loss of your rights and privileges such as your ability to own or possess a firearm. In order to have one’s sentence reduced to include only probation or even to negotiate probation as part of a reduced sentence that includes prison, a seasoned domestic violence defense lawyer is simply a must. Our team at The Tormey Law Firm LLC is committed to ensuring our clients in Montville, Monmouth Beach, Atlantic City, Woodbridge, Middlesex, Union, Ridgefield Park, Parsipanny, and other areas across the state of New Jersey have the best resources on their side to defend their domestic violence cases, and our record backs up our success. Contact us today at (908)-336-5008 for a free and confidential consultation to discuss your case.