Is Domestic Violence a Misdemeanor or a Felony in New Jersey?

Is Domestic Violence a Misdemeanor or a Felony in New Jersey?

Domestic violence laws in New Jersey can be pretty complicated. Whether a domestic violence charge is a misdeameanor or felony depends on a lot of factors, like the specific acts committed, the harm caused, and the defendant’s criminal history.

In this article, I’ll walk through the basics of domestic violence charges in New Jersey and what makes them a misdemeanor versus felony. I’m not a lawyer, so this isn’t legal advice, but hopefully it helps explain these complex laws in simple terms!

The Different Types of Domestic Violence Charges in New Jersey

There are a few main domestic violence crimes defined by New Jersey law:

• Simple assault – This covers things like trying to cause bodily injury, threatening bodily injury, or making someone fear imminent bodily injury. Simple assault is a disorderly persons offense, which is basically a misdemeanor.
• Aggravated assault – This covers attempting to cause serious bodily injury or causing injury with a deadly weapon. Aggravated assault is a 2nd or 3rd degree felony.
• Terroristic threats – Threatening to commit a violent crime to terrorize someone. This can be a 3rd or 4th degree felony.
• Criminal restraint – Holding someone unlawfully or against their will. This can be a 3rd or 4th degree felony.
• False imprisonment – Confining someone unlawfully. This is a 3rd degree felony.
• Harassment – Engaging in alarming conduct or communications to seriously annoy or alarm someone. Harassment is a petty disorderly persons offense, similar to a misdemeanor.
• Stalking – Repeatedly maintaining visual or physical proximity to someone, engaging in threatening behavior, or making threats. Stalking is a 4th degree felony.
• Criminal sexual contact – Touching someone inappropriately during a fight or for sexual gratification. This can be a 4th degree felony.
• Criminal mischief – Damaging someone’s property during a domestic violence incident. This can be a disorderly persons offense or 4th degree felony.

As you can see, domestic violence charges in New Jersey range from misdemeanors to 1st, 2nd, 3rd, and 4th degree felonies depending on the specific crime committed.

What Makes a DV Charge a Felony vs. Misdemeanor?

There are a few key factors that determine whether a domestic violence charge will be a misdemeanor or felony in New Jersey:

• Type of crime – As shown above, some crimes like simple assault are inherently misdemeanors, while aggravated assault is inherently a felony.
• Degree of harm – Causing serious bodily injury rather than minor injury often leads to felony charges.
• Use of a weapon – Assault or threats with a deadly weapon are more likely to be charged as felonies.
• Defendant’s record – Repeat domestic violence offenders will often face felony rather than misdemeanor charges.

Prosecutors also have a lot of discretion in deciding what to initially charge someone with. They may choose to charge a borderline case as a felony hoping for a plea bargain, event if the facts technically fit a misdemeanor.

Can a Felony DV Charge Become a Misdemeanor?

In some cases, yes. Felony domestic violence charges can potentially be reduced to misdemeanors through plea bargaining or diversion programs. Some common ways this happens include:

• Plea deals – The defendant pleads guilty to a lesser misdemeanor charge in exchange for dropping the felony.
• Pretrial intervention – The defendant completes counseling, restitution, etc. and the charges are dismissed.
• Conditional discharge – The defendant receives probation and if completed the charges are dropped..

However, its important to note that felony domestic violence charges should always be taken very seriously in New Jersey. Prosecutors and judges tend to pursue harsh penalties for domestic violence, so counting on a felony being reduced to a misdemeanor is risky.

What Are the Penalties for DV Felonies vs. Misdemeanors in New Jersey?

The potential sentences for misdemeanor vs. felony domestic violence charges are very different. Some key penalties include:

• Misdemeanors – Up to 1 year in jail. Fines up to $1,000.
• 3rd Degree Felony – 3-5 years in prison. Fines up to $15,000.
• 2nd Degree Felony – 5-10 years in prison. Fines up to $150,000.
• 1st Degree Felony – 10-20 years in prison. Fines up to $200,000.

In addition to jail time and fines, felony domestic violence convictions often result in:

• – Permanent criminal record
• – Loss of voting rights
• – Loss of gun ownership rights
• – Difficulty finding employment
• – Difficulty obtaining professional licenses

So while misdemeanors are still serious, felonies take things to a whole other level when it comes to long-term consequences.

Are There Defenses Against DV Charges in New Jersey?

Yes, there are some defenses that may defeat domestic violence charges or get them reduced to a lesser offense. Some potential defenses include:

• Self-defense – You acted to protect yourself from harm. This can sometimes justify assault/threats.
• False accusations – You can show the alleged victim is lying or misrepresenting what happened.
• Mental illness – You were having a psychiatric episode and unable to control your behavior.
• Lack of criminal intent – You did not intentionally commit a crime.

An experienced New Jersey domestic violence defense attorney can evaluate the evidence against you and decide what defenses might apply. They can often negotiate with prosecutors for reduced charges or get charges dismissed pre-trial.

What Should I Do if Facing DV Charges in New Jersey?

Here are some tips if you or a loved one are facing domestic violence charges in New Jersey:

• – Remain silent and get a lawyer – Don’t try to talk your way out of charges.
• – Be proactive and get counseling – Seeking help can influence sentencing if convicted.
• – Follow court orders – Ignoring restraining orders or other pretrial conditions will make things worse.
• – Ask about diversion programs – These may allow charges to be dismissed.
• – Consider plea bargains carefully – Pleading guilty has long-term consequences.

Domestic violence charges should not be taken lightly in New Jersey. The penalties can be severe if convicted, especially for felonies. Consulting an experienced criminal defense attorney is highly recommended so they can protect your rights at every stage.

I hope this overview has helped explain the complexities of misdemeanor vs. felony domestic violence charges in NJ. Let me know if you have any other questions!