NJ Second Degree Domestic Violence Lawyers

NJ Second Degree Domestic Violence Lawyers

Dealing with a second degree domestic violence charge in New Jersey can be an incredibly stressful and frightening experience. However, having an experienced domestic violence lawyer on your side can make all the difference. This article will provide an overview of second degree domestic violence charges in NJ, potential defenses, and how an attorney can help.

What is Second Degree Domestic Violence in NJ?

In New Jersey, domestic violence charges are categorized into disorderly persons offenses, simple assault, and second, third and fourth degree offenses. Second degree is the most serious domestic violence criminal charge in NJ, just below first degree murder.

According to NJ criminal statute 2C:25-19, a person is guilty of second degree domestic violence if they commit one of the following against a family or household member:

• Aggravated assault – Knowingly causing serious bodily injury to another, or attempting to cause serious bodily injury with a deadly weapon
• Terroristic threats – Threatening to commit a violent crime likely to result in death or serious injury
• Criminal restraint – Holding someone unlawfully under circumstances exposing them to risk of serious bodily injury or holding a minor in a place where unlawful activity takes place
• Burglary – Knowingly entering a structure unlawfully to commit an offense therein
• Criminal sexual contact – Intentional, non-consensual touching of intimate parts for sexual gratification
• Lewdness – Exposing genitals for arousal or sexual gratification
• Criminal mischief – Purposely or knowingly damaging property

A second degree domestic violence conviction can result in 5-10 years in prison and fines up to $150,000. It is a very serious offense that requires an experienced criminal defense attorney.

Common Defenses for Second Degree Domestic Violence

While the charges may seem daunting, there are often viable defenses that can get charges reduced or even dismissed. An experienced domestic violence lawyer will thoroughly examine the details of your case to determine the best defense strategy. Some potential defenses include:

• Self-defense – If you acted in self-defense against violence initiated by the alleged victim, you may be able to avoid conviction.
• False allegations – Sometimes charges stem from false accusations made out of anger, jealousy or manipulation. Your attorney can investigate inconsistencies and work to discredit false claims.
• Mistaken identity – Eyewitness misidentification is a common cause of wrongful convictions. Your lawyer can demonstrate you were misidentified.
• Consent – In crimes involving sexual contact, consent may be a valid defense to negate criminal intent.
• Intoxication – Voluntary intoxication can be used to negate intent for specific intent crimes like burglary.
• Mental illness – In some cases, mental illness may provide grounds for an insanity or diminished capacity defense.

Why Hire a NJ Domestic Violence Lawyer?

Trying to navigate the complex NJ criminal justice system alone can jeopardize your future. An experienced domestic violence attorney has the skills and knowledge to protect your rights and build the strongest defense. Benefits of legal representation include:

• – Reducing or dismissing charges – Lawyers routinely get charges reduced or dismissed through effective negotiation and litigation.
• – Avoiding pre-trial detention – Attorneys can often get bail so you don’t have to await trial in jail.
• – Navigating the legal system – Your lawyer handles communicating with police, prosecutors and the courts.
• – Obtaining evidence – Lawyers have resources to access police reports, witness statements, medical records and other evidence.
• – Cross-examining witnesses – Skilled trial attorneys can discredit prosecution witnesses and undermine their testimony.
• – Presenting defenses – Lawyers understand what defenses apply and how to present them persuasively in court.
• – Negotiating plea bargains – Attorneys can negotiate favorable plea deals if conviction seems likely.
• – Avoiding deportation – Lawyers can sometimes help non-citizen defendants avoid immigration consequences.

The stakes are high, so don’t go it alone against experienced prosecutors. Hire a knowledgeable domestic violence lawyer to protect your future.

Finding the Right NJ Domestic Violence Attorney

It’s important to choose the right lawyer for your specific situation when facing domestic violence charges. Here are some tips for finding a good domestic violence attorney in New Jersey:

• – Look for a criminal defense specialist with extensive experience representing domestic violence clients.
• – Consider lawyers who are former prosecutors, offering inside knowledge of the system.
• – Find someone who is local and familiar with the court and judges handling your case.
• – Select a lawyer you feel comfortable with and who will fight aggressively on your behalf.
• – Ask about the lawyer’s track record getting charges dismissed or reduced.
• – Avoid lawyers who pressure you to plead guilty right away.
• – Meet or speak with the attorney before hiring to discuss your case.
• – Understand the fee structure and get a clear written agreement.

Personal referrals from trusted sources are a great way to find reputable defense lawyers. You can also check sites like Avvo and Nolo which rate and review attorneys. Just be sure to do your due diligence, as having the right lawyer can make all the difference.

The Attorney’s Role in Your Defense

Once retained, your domestic violence lawyer will start building a strong defense on your behalf. This can include:

• – Interviewing you to learn the details of your side of the story.
• – Retrieving police reports, witness statements and other evidence.
• – Investigating the background of the alleged victim and witnesses.
• – Identifying applicable defenses.
• – Negotiating with the prosecution to get charges reduced or dropped.
• – Filing motions to suppress illegally obtained evidence.
• – Vetting and preparing expert witnesses.
• – Thoroughly preparing you to testify if you choose to.
• – Presenting persuasive opening and closing arguments.
• – Rigorously cross-examining prosecution witnesses.
• – Ensuring your rights are protected throughout the legal process.

An adept domestic violence lawyer will look at every angle of your case to build the strongest defense possible. This can help lead to an acquittal or dismissal of charges.

The Importance of Early Intervention

It is absolutely critical to engage an attorney early on when facing domestic violence charges. The earlier in the process you retain counsel, the more options are available. An experienced lawyer can intervene right away to:

• – Work to get charges declined before an indictment.
• – Negotiate with the prosecution before positions harden.
• – Apply for pre-trial intervention to avoid prosecution.
• – Petition for dismissal of defective complaints.
• – File motions to suppress illegally obtained evidence.
• – Advocate for dismissal at preliminary hearings.
• – Argue for bail and pre-trial release.
• – Begin building a defense and investigating the allegations.

By contrast, waiting until after charges are filed can limit defenses and negotiating leverage. Don’t delay – consult an attorney as soon as possible after domestic violence allegations arise.

How Lawyers Defend Domestic Violence Cases

Skilled domestic violence lawyers use a variety of techniques to get charges reduced or dismissed. Common strategies include:

• Poking holes in the prosecution’s case – Attorneys identify every weak point in the allegations to undermine the state’s position.
• Suppressing illegally obtained evidence – Lawyers file motions to exclude evidence gathered improperly without a warrant or probable cause.
• Leveraging defendant’s background – Positive factors like employment, education, and lack of priors can persuade judges to show leniency.
• Presenting exculpatory evidence – Affidavits, cell phone records, receipts and other evidence can corroborate defenses.
• Contesting restraining orders – Lawyers fight to defeat onerous restraining orders which assume guilt.
• Humanizing the defendant – Juries can be swayed by evidence showing the defendant’s good character and reputation.
• Retaining expert witnesses – Experts in areas like psychology and forensics can critically undermine the prosecution’s scientific evidence and testimony.

These are just some of the techniques an experienced domestic violence attorney will employ to fight the charges and protect your rights and future.

How Lawyers Work to Get Charges Dismissed

One of the top goals of any domestic violence defense lawyer is getting charges dismissed entirely. Common strategies lawyers use to achieve dismissal include:

• – Presenting exculpatory evidence proving innocence.
• – Disputing probable cause for the charges and arrest.
• – Suppressing illegally obtained evidence that would undermine the prosecution’s case.
• – Arguing immunity from prosecution under Stand Your Ground laws.
• – Leveraging prosecutorial discretion policies requiring evidence of injury.
• – Negotiating dismissal through alternative dispute resolution.
• – Securing dismissal following a hung jury.
• – Filing motions to dismiss for technical defects like lack of specificity, failure to charge a crime, etc.
• – Demonstrating self-defense or defense of others.

An accomplished lawyer adept at getting charges dropped can make all the difference in avoiding a conviction that can haunt you for life.

The Role of Plea Bargains in Domestic Violence Cases

If the evidence is stacked against you, your attorney may advise considering a plea bargain, which involves pleading guilty in exchange for reduced charges. Benefits of plea bargains can include:

• – Avoiding jail time or minimizing time served.
• – Pleading to a lesser offense to reduce collateral consequences.
• – Receiving probation instead of incarceration.
• – Securing a better outcome than the maximum sentence if convicted at trial.
• – Saving time and money compared to a lengthy trial.

Your lawyer will negotiate for the best possible plea deal terms, though the decision of whether to accept is ultimately yours. Pleas are complex, so discuss options thoroughly with your attorney.

Finding the Right Domestic Violence Lawyer for You

If you or a loved one are facing domestic violence charges, having an experienced attorney on your side can mean the difference between conviction and exoneration. Be sure to do your research and find the best possible lawyer for your needs. Schedule consultations with a few top candidates to discuss your case and make an informed hiring decision. With an adept domestic violence lawyer guiding you, you can rest assured knowing your rights are protected and your interests strongly defended. Here are some tips for choosing the right domestic violence attorney:

• Look for a lawyer with extensive trial experience defending domestic violence cases – don’t go with someone handling their first or second case.
• Find an attorney familiar with domestic violence prosecution policies and judges in your jurisdiction.
• Select a lawyer you feel comfortable with and who will fight aggressively on your behalf.
• Ask about the lawyer’s track record getting charges dismissed pre-trial.
• Choose an attorney with resources to thoroughly investigate the allegations and build a strong defense.
• Make sure the lawyer has experience cross-examining domestic violence complainants.
• Find someone who is accessible and will keep you informed throughout the process.