A person whom you are or were married to, who you or used to live with, who you are or used to date, or who you have a child with may come forward and place a domestic violence charge against you. They may take this claim to the civil court to recover financial compensation for damages. Or, they may find it well within their right to take this case to the New Jersey criminal court. This may escalate as far as them accusing you of committing aggravated assault during the domestic dispute in question. If so, please continue reading to learn whether a domestic violence charge can translate into an aggravated assault sentence and how an experienced Morristown criminal defense lawyer at Graves Andrews, LLC can help you get a hold of your defense before it gets out of your control.
What constitutes aggravated assault under New Jersey law?
Aggravated assault is categorized as a felony offense under New Jersey criminal law. It is generally defined as causing or attempting to cause serious bodily injury to another person. Such injuries may result in permanent disfigurement or impairment, or create a substantial risk of death. Further, this offense may or may not be executed with the use of a deadly weapon that is capable of contributing to such injuries. Or, it may entail intentionally pointing a firearm at another person to instill fear of their imminent danger.
Can a domestic violence accusation result in an assault charge?
Domestic violence may take place in many forms. For one, another person may accuse you of this if you have harassed or stalked them. In this case, they may pursue a restraining order in civil court to stop communication attempts and subsequently hinder this harassment or stalking from continuing. But if this is taken to criminal court, the judge may find it appropriate to charge you with a disorderly persons offense. If so, you may be ordered to mandatory anger management classes, jail time of up to six months, a $50 to $500 fine, and probation.
What’s worse is if another person claims that your initiating domestic violence was a form of aggravated assault. This may hold up if they can prove beyond a reasonable doubt that you physically harmed them or attempted to harm them with a deadly weapon. For example, they may have a stab wound on their body that exhibits a knife being used during the dispute. Or, they may have home security footage of you attempting non-fatal strangulation or verbally threatening any other form of physical violence.
Under circumstances like these, the judge may find you guilty of aggravated assault and charge you with a second-degree indictable offense. With this, they may order you to serve anywhere between five and 10 years in prison and pay a fine of up to $150,000. If you are ready to fight for what is right, please retain the services of a skilled Morristown criminal defense lawyer. Our team at Graves Andrews, LLC awaits your phone call.