Second Degree Domestic Violence Lawyers in New Jersey

Charged with a 2nd Degree Domestic Violence Offense in NJ

Sometimes, when conflict arises between someone we know and love, it can become violent in the heat of the moment. Domestic violence is a serious issue and is a criminal act. Crimes are qualified as domestic violence because of the relationship between the victim and the offender. It can occur between spouses, ex-spouses, anyone who is or was a household member, someone who is expecting a child with the victim, or anyone who has had a dating relationship with them.

Many crimes frequently involve domestic violence. Depending upon the severity of these actions, they are classified as disorderly persons offenses (misdemeanors) or indictable offenses (felonies). Domestic violence grading is based on the crime committed, not on it being a domestic violence crime. By qualifying a crime as one of domestic violence, the alleged victim can obtain a restraining order, protecting them from contact with their alleged assailant. If a domestic violence crime is categorized as a second degree indictable offense, this is the equivalent of a felony in other states, and it is the second most serious kind under New Jersey law.

A second-degree domestic violence charge could have life-altering implications. Conviction can mean years in prison and expensive fines that could ruin you financially. It could affect your ability to parent, get a job, rent a residence, obtain a loan, and many other vital aspects of your life. You need a lawyer who knows how to navigate the system and will get the evidence necessary to prove your innocence. If you have been charged with a second-degree domestic violence crime in New Jersey, you should seek legal representation immediately.

Our domestic violence defense attorneys at The Tormey Law Firm know how to negotiate with the prosecutor and, in many cases, have gotten our client’s charges reduced, if not dropped altogether. We will analyze your case from every angle, investigate all options, and compile the evidence to build a solid case for your defense. We are aware that your future is at stake and will do everything possible to provide the best possible outcome. Our lawyers appear in courts defending those accused of domestic violence in Bergen County, Morris County, Essex County, Union County, Hudson County, and across the state of NJ. Contact our offices anytime for a free initial consultation at (908)-336-5008.

Prevalent Second Degree Domestic Violence Offenses in New Jersey

A common crime of domestic violence is aggravated assault, causing serious injury with a deadly weapon, or attempting to do so. Purposefully damaging the victim’s property is considered criminal mischief, which can be a second degree crime if the offense recklessly causes death. Additionally, entering a place intending to commit an illegal act is burglary, which can be charged as a crime of the second degree if the offender is armed with a weapon during the commission of the offense. Sexual assault is another second degree crime of domestic violence in New Jersey.

Aggravated assault is the most common charge associated with domestic violence and one of the more serious crimes in New Jersey. An aggravated assault causes serious bodily injury to the victim. This includes disfiguring injuries or those resulting in harm to a person’s organs, body parts, or five senses. In 2021, non-fatal strangulation (choking) was changed from a third-degree offense to a second-degree. Aggravated assault charges can also be applied when there is no significant injury, but a firearm was present during the commission of the crime or other conduct “displays extreme indifference to the value of human life. (N.J.S.A. 2C:12-1(b).)

Differentiating First Degree and Second Degree Domestic Violence Crimes in NJ

First degree crimes are the most violent. Second degree crimes are so serious that they carry a presumption of incarceration, unlike third and fourth degree crimes. Even when the offense is the first time the defendant has been sentenced, it is presumed that they will go to prison for between 5 and 10 years. There is also a maximum of $150,000. For some second degree crimes, the No-Early-Release Act requires that 85% of the defendant’s sentence be served before they are eligible for parole.

Mandatory minimum sentencing ensures that people committing certain crimes receive an appropriate and fair sentence. But sentences can be disproportionate to the severity of the offense. By removing judicial discretion from the picture, a judge’s hands are usually tied in terms of sentencing. Also, few studies nationwide show that this policy reduces serious crime. By removing the possibility of early parole, offenders are less apt to participate in anger management and other programs that are encouraged by parole boards. Prisons are already at or over capacity and hardly provide inmates with the ability to participate in their rehabilitation.

Role of a Restraining Order in 2nd Degree Domestic Violence Cases

The purpose of a restraining order in cases of domestic violence is to protect the victim from the defendant and to ensure the victim is not intimidated, threatened, or coerced to recant their accusations. Restraining orders prevent any contact between the parties and/or between the defendant and third parties in an attempt to contact the defendant indirectly.

Exploring Viable Defense Strategies for Second Degree Domestic Violence Charges

There are several possible defenses to this charge. You may have a viable defense if you were acting in self-defense and using reasonable force to defend yourself. For example, if the alleged victim has bruises on their arms, it could be due to your efforts to restrain them from harming you. Using a firearm against someone who was pushing you is not reasonable force. Another defense is that the alleged victim has falsely accused you, perhaps in retaliation for an argument or a potential break-up. The alleged victim will need to demonstrate the physical harm sustained was not self-inflicted. Perhaps you caused an injury to the victim unintentionally, and due to a misunderstanding, the authorities were contacted. Finally, diagnosed mental illness may be an adequate defense if its effects have an influence on aggressive or impulsive behavior.

Our NJ Defense Lawyers Are Skilled in Defending Against Second Degree Domestic Violence Charges

A second-degree domestic violence charge is a very serious business. It is imperative to start your defense immediately. Hiring an attorney right away can allow us to work for your release and prove your innocence from the start. At The Tormey Law Firm, we can often negotiate with the prosecution and have you plea to a lesser charge. In some cases, we can file to suppress evidence obtained illegally and begin constructing your defense if a dismissal is not obtained during the preliminary hearings.

If you are facing second degree domestic violence charges in Ocean County, Monmouth County, Middlesex County, Somerset County, or elsewhere in New Jersey, our defense team will work aggressively to resolve your case. You deserve excellent representation, and our domestic violence defense lawyers can provide it. Call us today at (908) 336 -5008, or for an initial consultation, reach out to us online.