Fourth Degree Domestic Violence in NJ
In New Jersey, fourth degree domestic violence is categorized as a specific type of indictable offense or felony. It speaks to a broader classification of domestic violence acts than one act in particular.
This means that even seemingly minor acts can fall under this category, which highlights the New Jersey legal system’s serious approach to all forms of domestic violence. Below are some specifics about fourth degree domestic violence and why it is important to have a qualified New Jersey domestic violence defense attorney working on your behalf. If you have been charged with a fourth degree domestic violence crime in New Jersey, contact The Tormey Law Firm, LLC. at (908)-336-5008 for a free consultation to discuss your case and how we can help you defend yourself against the charge. We serve clients across New Jersey, from Camden County to Sussex County, to Essex County, to Union County, to Bergen County, to Monmouth County.
Actions That Qualify as Fourth Degree Domestic Violence in NJ
As noted, under New Jersey law, several offenses can be classified as fourth degree domestic violence crimes. There are many types of illegal behavior that fall under the umbrella of fourth-degree domestic violence.
These include but are not limited to:
- Aggravated assault to a current or former partner, family member, another parent of your child, or someone who lives in your household that was recklessly caused by using a deadly weapon
- Criminal mischief, which includes damaging the property of someone protected under domestic violence law in an amount ranging from $500 to $2,000
- Stalking someone like a former dating relationship or ex-spouse
- Lewdness
- Violation of a restraining order
- Harassment if the harassing behavior occurred while you were under supervision through parole or probation
Short and Long-Term Consequences of a 4th Degree Domestic Violence Conviction in New Jersey
A conviction for fourth-degree domestic violence can lead to several serious consequences. First of all, you could be subject to a restraining order. You could also face mandatory court-ordered counseling, anger management classes, or probation. In most cases, there are significant fines associated with any indictable offense, such as fourth-degree domestic violence. And in some cases, you could face jail time. The conviction will also go on your criminal record, which can have adverse effects on your capacity to get certain jobs or qualify for certain housing.
What Happens When You are Charged with a Fourth Degree Crime for Domestic Violence in NJ?
The legal process for handling a fourth degree domestic violence case generally involves several key steps. After an incident is reported, a law enforcement official will likely arrest the alleged offender. This is followed by a court appearance during which bail and the conditions of release are addressed. In some cases, a pre-trial detention hearing will be held to determine if the individual should remain in custody until trial. With zealous representation of a domestic violence defense lawyer, a defendant may be able to negotiate with the prosecutor to reach a plea bargain, exchanging a guilty plea for a lesser charge or reduced penalties. If no plea agreement is reached, the case will proceed to trial, where both sides have the opportunity to present evidence. If the defendant is found guilty, a judge will impose an associated sentence and the defendant’s attorney will also be able to present the most solid list of mitigating factors that should indicate the defendant’s eligibility for the lower end of the sentencing range.
Importantly, there is one caveat that may be applicable for first-time offenders charged with fourth degree domestic violence offenses. Although the diversionary program called Pre-Trial Intervention is usually prohibited in cases of domestic violence, your attorney can sometimes help in obtaining the prosecutor’s permission to apply to the program. If successful, you can be enrolled during a probationary period, after which the charges are dismissed if you successfully complete PTI according to the necessary terms and conditions.
Are there Ways to Defend Against 4th Degree Domestic Violence Charges?
A battle-tested and proven domestic violence defense attorney may employ a number of different defense strategies to counter fourth degree domestic violence charges. These might include self-defense if the defendant was acting in self-defense during the incident. There could also be a lack of intent in the case that the defendant caused harm or threat without meaning to do so. False accusations are also more common than one would think, with embittered partners or family members claiming harm where it did not exist or exaggerating it. Presenting evidence against such claims is a solid defense strategy. Finally, an attorney may challenge the evidence presented by the prosecution and show that it is insufficient to support the charges brought against the defendant. Our team challenges domestic violence allegations against our clients on a weekly basis, both in criminal court and during restraining order trials.
Need to Contest a 4th Degree Domestic Violence Charge in NJ? Call the Attorneys at The Tormey Law Firm LLC
If you’ve been charged with a fourth degree domestic violence offense, you immediately need an experienced attorney on your side. The team at The Tormey Law Firm, LLC. can provide aggressive defense representation throughout the domestic violence legal process by, first and foremost, ensuring that your legal rights are protected throughout the stages of the case. We will also investigate the charges, gathering evidence and analyzing the circumstances surrounding the charges. In the case that a plea deal is a possibility, our attorneys’ legal skills can be invaluable as we negotiate with prosecutors, engaging in plea negotiations to seek favorable outcomes. If it’s necessary that the case goes to trial, we will present a strong defense, crafting a defense strategy to effectively argue your case in court.
Our legal team represents clients across New Jersey’s diverse regions, from Ocean County to Morris County, extending to Somerset County, Burlington County, and Mercer County. Understanding the legal process, potential consequences, and available defense strategies is vital for anyone facing fourth degree domestic violence charges, and our attorneys can help you get there. We can also utilize our unique and expansive experience handling restraining order cases to fight a companion restraining order that may have been filed against you in conjunction with the criminal charges. Contact us at (908)-336-5008 for a free and confidential consultation today.