Charged With Domestic Assault in Middlesex County New Jersey
In 1991, the New Jersey Criminal Code was modified to provide for 14 crimes that may constitute “domestic violence” for purposes of securing a Middlesex County restraining order. Assault is unquestionably the offense that arises most in this context. If you have been charged with assault in Piscataway or another Middlesex County municipality, our defense lawyers can help you. Just because you were accused of punching, hitting, pushing or some other physical act does not mean that you were truly at fault. Perhaps the incident never occurred or the real story is much different than the way it was portrayed. This is one of the main reasons why it is so important to hire a talented domestic assault lawyer to ensure that your side of the case is appropriately presented.
Contact Our Edison or New Brunswick Office To Speak To Jason Seidman, a Former Director in the Middlesex County Prosecutor’s Office or Bill Wachowski, Who Served As Prosecutor In Piscataway, Edison, Woodbridge, East Brunswick & Several Other Local Municipalities
The defense team at the Law Offices of Jonathan F. Marshall has over 200 years of collective experience defending domestic assault charges throughout Middlesex County. In fact, several attorneys are former prosecutors, including Jason Seidman, a former director in the county prosecut0r’s office and Bill Wachowski, who was the municipal prosecutor in New Brunswick South Brunswick, Piscataway, Edison, North Brunswick, and other towns. A lawyer with the know-how necessary to ensure you are fully protected against a conviction for simple assault, aggravated assault, or another domestic-related altercation, is ready to assist you. Contact our New Brunswick Office now at 732-392-7202 for a free initial consultation.
Middlesex County Domestic Assault Charges
Monroe New Jersey is like any other community when it comes to domestic disputes. Individuals get embroiled in inter-family and relationship disputes every day which can escalate to the point of police involvement. Once this step is taken, things have a tendency to get outside the party’s control since the Domestic Violence Act requires police to take action depending on what they learn upon arrival. They are required to arrest an individual if they have probable cause to believe that an assault occurred. This obligation is triggered when there are physical signs of injury. When this standard has been met, the Monroe Township Police have an affirmative obligation to arrest the accused. But it is crucial to keep in mind that the filing of a criminal complaint is far from a conviction. By retaining a seasoned Middlesex County domestic violence lawyer, you can give yourself the best opportunity to avoid a host of ramifications, including a criminal record, for a domestic assault related offense like:
- Simple Assault
- Aggravated Assault
- Second Degree Aggravated Assault Based On Choking
- False Imprisonment
- Terroristic Threat
- Kidnapping
Domestic Assault Attorney With Offices in East Brunswick, Edison, Woodbridge, Piscataway & New Brunswick
A domestic assault charge can come in one of two forms in a town like East Brunswick NJ. The first variety is simple assault which arises where the damage, if any, is limited to bodily injury. What we are referring to here is something akin to temporary pain or discomfort. When the injury is serious or significant, however, the charge that arises is aggravated assault. This offense carries the potential for significant penalties, including up to five (5) years in prison for a Third Degree Aggravated Assault and up to ten (10) years for a Second Degree Aggravated Assault. And the truth is that second-degree charges for aggravated assault are now much more common given that any allegations of choking or applying pressure to the neck of the “victim” result in this grade of offense. In addition, a conviction for this form of domestic assault results in tens of thousands in potential fines and a felony criminal record. It is obviously in your best interests to secure representation from a qualified defense attorney if you are facing a East Brunswick domestic assault offense of this nature.
Spotswood NJ Simple Assault Lawyer
Being charged with simple assault in Spotswood is something you need to take seriously. Failure to mount an effective defense will leave you with a record and possibly serious collateral consequences, for example, a final restraining order that will prevent you from returning to your residence permanently. This is precisely why hiring a lawyer who is knowledgeable in this area of law is your best strategy for avoiding life-altering ramifications. The attorneys at the Law Offices of Jonathan F. Marshall have the experience as former prosecutors to successfully represent you in Spotswood NJ or anywhere else. For an immediate free consultation with an attorney at the firm, call our Woodbridge Office at 732-751-4458.
Frequently Asked Questions In Middlesex County Domestic Violence Cases
Is Verbal Abuse Considered Domestic Assault or Domestic Violence? Domestic violence assault cases cover a wide range of behavior. It is important to understand that domestic violence is not limited to just physical violence. Harassment, threats, stalking, and intimidation are all considered a form of domestic assault and violence in Middlesex County and could potentially result in jail time if you’re convicted of the charges you’re facing. However, name-calling or garden-variety insults may not be considered domestic violence and are unlikely to result in criminal charges.
How Long Does A Domestic Assault Conviction Stay On My Record? Domestic violence is a category of criminal offense that includes assaults. While there is no crime called domestic violence, assaulting, threatening, harassing, and stalking someone you are involved in a domestic relationship all fall under the umbrella of domestic assault and violence offenses. If you are charged and convicted of any of those crimes, that conviction may stay on your record until you petition the court to remove it. Still, it is important to understand that having a conviction removed will not automatically happen just by petitioning the court. The crime must be eligible for removal, and the judge handling the matter must sign off on it.
Can I Go To Jail For Domestic Assault? Yes. If you are convicted of a domestic violence offense (assault, terroristic threats, harassment, stalking, kidnapping, etc.), then you may be sentenced to jail time. While some of those offenses typically do not result in incarceration, offenses like aggravated assault and terroristic threats can result in a punishment of up to 10 years in jail. You may also be sentenced to jail time if there is a restraining order against you and you violate its restrictions by contacting the victim or showing up at their home. A domestic violence lawyer can help you understand the specific consequences you risk as a result of the domestic violence charges you’re facing.
How Can A Domestic Assault Conviction Impact My Life? Being convicted of a domestic assault offense can significantly impact your life and future. A conviction for a violent domestic offense (assault, terroristic threats, kidnapping) may make it difficult for you to obtain employment. Employers that run a background check will be able to see most criminal convictions and may be unwilling to hire an individual with a violent crime conviction on their record. Additionally, having a restraining order placed against you can have negative consequences. This can include having your photo and fingerprints placed into a national domestic violence registry and restricting your ability to own a firearm.
How Can A Domestic Assault Conviction Affect Your Custody Case? A domestic violence conviction can significantly impact a child custody case. This is especially true if the person involved in the domestic violence case is your children’s other parent. In those cases, a domestic violence conviction can result in a reduction or change in your ability to see your children. Altered parental rights may result in a requirement of supervised visits or a temporary suspension of your custody rights. A judge may also order you to complete therapy or anger management classes before your custody rights can be restored.
Can I Get A Restraining Order Removed? If you have filed for a restraining order as a domestic violence victim and now wish to remove it, you will need to request that from the court. You can do this for both temporary and final restraining orders. Additionally, if you have a temporary restraining order in place and fail to attend the final restraining order hearing, the restraining order will automatically be withdrawn. For those with restraining orders entered against them, you have the right to defend against a final restraining order at your hearing. Once a final restraining order has been entered, it can only be removed at the request of the victim or as the result of a motion for removal sometime in the future.
Can A Criminal Defense Attorney Help Me Appeal A Domestic Assault Conviction? Yes. As with any criminal case, you have the right to appeal under certain circumstances. It is important to understand that if you pled guilty, your ability to appeal your conviction may be limited. If you did not plead guilty and were convicted of a domestic assault crime after a trial, you can appeal the verdict and the sentence.
Appealing any conviction or sentence does not necessarily mean that you will get to have your conviction thrown out or even get a new trial. In order to successfully appeal a domestic violence conviction or sentence, you will need to show that you did not receive a fair trial. This can be done by demonstrating that the judge made mistakes or that there was misconduct by the jury.
