Domestic Aggravated Assault Involving Strangulation NJ
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Domestic Aggravated Assault Involving Strangulation in New Jersey
Domestic violence is a serious issue in New Jersey, with over 63,000 reports made to police in 2020 alone. Of those reports, 41% involved alleged assaults. When an assault occurs in the context of domestic violence, it can lead to criminal charges for the perpetrator. One type of assault that commonly arises in domestic violence situations is strangulation or choking.In July 2021, New Jersey passed a law making strangulation aggravated assault a second degree crime when committed against a domestic violence victim. This elevated strangulation from a third degree offense to a more serious second degree felony. Let’s take a closer look at what this law entails and what it means if you are facing accusations of domestic violence strangulation in New Jersey.
What Constitutes Strangulation Aggravated Assault in NJ?
The strangulation law is contained in N.J.S.A. 2C:12-1(b)(13). It states that knowingly or recklessly obstructing the breathing or blood circulation of someone who meets the definition of a domestic violence victim, by applying pressure to their throat or neck, constitutes second degree aggravated assault.To be considered a domestic violence victim under this law, the victim must have a specific relationship with the perpetrator, such as:
- Spouse or former spouse
- Current or former dating relationship
- Someone the perpetrator has a child with
- Current or former household member
So strangulation aggravated assault applies when someone chokes or restricts the breathing of a person with whom they have one of these domestic relationships.
Penalties for Strangulation Aggravated Assault
Since strangulation aggravated assault is a second degree felony in NJ, it carries stiff penalties upon conviction:
- 5 to 10 years in New Jersey State Prison
- Up to $150,000 in fines
Prior to the 2021 law change, strangulation was a third degree crime with less severe penalties. The elevated charge reflects legislators’ recognition of the dangers strangulation poses to domestic violence victims.
Restraining Orders
In addition to criminal charges, a victim can also seek a restraining order against the perpetrator of domestic violence strangulation. They would file for a temporary restraining order (TRO) and then a final restraining order (FRO) to gain longer term protection.If convicted of the strangulation charge, the court may also impose a permanent restraining order prohibiting contact with the victim. Violating a restraining order leads to contempt of court charges.
Defending Against Strangulation Charges
There are various defenses that can be raised in domestic violence strangulation cases:
- Self-defense – Strangulation occurred while defending yourself from the victim’s violence
- False allegations – The victim fabricated the accusations out of anger, jealousy, or other motives
- Consensual sexual activity – Strangulation was part of a consensual sexual encounter, not an assault
An experienced criminal defense attorney can evaluate the circumstances of your case and build the strongest defense strategy. This can include challenging the credibility of the accuser and their motivations for making a false report.
Finding the Right Lawyer for Your Case
If you are facing domestic violence strangulation charges in New Jersey, having an aggressive and knowledgeable lawyer on your side is crucial. Look for an attorney with extensive experience specifically defending strangulation and domestic violence cases in your county.A skilled lawyer can advocate for your rights, negotiate with prosecutors, and mount an effective defense to avoid the severe consequences these charges carry. Don’t leave the outcome to chance – make sure you have the best legal representation fighting for you.
Domestic violence is a complex issue. Strangulation assault allegations can completely upend your life. By understanding the law and proactively seeking counsel from a top attorney, you can tackle this challenge head on. With an experienced legal team guiding you, it is possible to achieve the best resolution to your domestic violence strangulation case.