Criminal charges of any kind can be hard to deal with, but domestic abuse charges tend to come with particularly harsh consequences. An attorney can help you fight your charges and protect your rights.
Domestic abuse is not one criminal charge but encompasses multiple criminal offenses allegedly committed under specific conditions. Crimes committed against cohabitants (e.g., spouses, partners, family members) may be considered domestic abuse. The penalties for domestic abuse charges depend on the specific crimes with which you are charged, but the label of domestic abuse might cause penalties to increase. You can challenge these charges by undermining unlawfully seized evidence and challenging the authenticity of witness testimony, among other legal strategies.
If you have been accused of domestic abuse, our Egg Harbor Township domestic abuse defense lawyers can help you protect yourself from criminal penalties. Call the Lombardo Law Group, LLC at (609) 445-4300 for a free case assessment.
Criminal Charges for Domestic Abuse in Egg Harbor Township
Defendants are sometimes a bit confused when facing domestic abuse allegations because there is no single criminal charge for domestic abuse. Instead, domestic abuse is an umbrella term that may encompass any number of offenses committed
A cohabitant might also be someone you do not have a familial or romantic relationship with but share children with. Children are generally not considered cohabitants, and acts of criminal violence against children tend to fall under child abuse laws rather than domestic violence laws.
Criminal charges in a domestic abuse case are the same as other violent offenses. The difference is domestic abuse offenses are allegedly committed against a cohabitant. For example, criminal offenses like assault, kidnapping, sexual assault, stalking, and harassment can be charged as domestic abuse-related offenses if committed against a cohabitant.
Our Egg Harbor Township domestic abuse defense lawyers can help you assess the charges against you and determine the best way to approach your case. Different defense tactics might be necessary for different charges.
Penalties for Domestic Abuse Charges in Egg Harbor Township
Just like the criminal charges in domestic abuse cases can vary, so can the penalties. There is no set of penalties that apply specifically to domestic abuse charges. Instead, there are different penalties based on the degree of the offense. For example, domestic abuse offenses are often charged as varying degrees of indictable crimes, and each degree carries different penalties.
According to N.J.S.A. § 2C:43-6(a), a fourth-degree crime is punishable by up to 18 months in prison. A third-degree crime may be punished by at least 3 and up to 5 years in prison. A defendant convicted of a second-degree crime may be sentenced to at least 5 years in prison but not more than 10 years. Finally, a defendant facing first-degree crimes may be sentenced to at least 10 years and up to 20 years in prison.
More violent offenses, like aggravated assault, are more likely to be charged more harshly. Our Egg Harbor Township domestic abuse defense attorneys can help you determine exactly what kind of penalties may be involved in your case. To make matters worse, some offenses have built-in upgrades specifically for domestic abuse cases. If a person is convicted and the crime involves domestic abuse, the penalties can be upgraded. Upgraded penalties may include longer mandatory minimum sentences or an overall increase in the maximum sentence.
How to Fight Domestic Abuse Charges in Egg Harbor Township
Fighting domestic abuse charges requires a unique approach, as no two cases are identical. One tactic our Egg Harbor Township domestic abuse defense lawyers can take is to suppress unlawful evidence. Any evidence the police seize must be taken according to strict legal rules and procedures. Evidence seized in violation of these rules violates your Fourth Amendment rights. We can file a motion to suppress, and unlawful evidence will be kept out of the courtroom.
Another approach is to undermine witness testimony. Many domestic abuse cases include testimony from various kinds of witnesses. One unfortunate aspect of domestic abuse cases is the emotional tension. It is not unheard of for friends and family of alleged victims to falsify statements or twist the truth to make defendants look bad. We can question the witnesses and determine if they have a reason to lie.
In addition to challenging the charges, we can also challenge the domestic abuse label on your case. If the alleged victim was not a cohabitant, your charges should not be labeled as domestic abuse, and any penalty upgrades should be disregarded.
Additional Consequences of Domestic Abuse Charges in Egg Harbor Township
Prison time is not the only consequence of domestic abuse convictions. These convictions tend to have ripple effects across numerous aspects of your life. One important consequence to consider is the impact on your criminal record. A domestic abuse conviction might show up in background checks when you apply for new jobs or housing. This kind of conviction might cost you important future opportunities.
A domestic abuse conviction can also cost you your gun rights. Courts are very interested in protecting alleged victims, especially in domestic abuse cases where the victim and defendant may be in close contact. Many defendants have their rights to own or carry a weapon restricted before they are even convicted. If convicted, you might be unable to lawfully buy a weapon and have to turn over any firearm you own to law enforcement.
Child custody is not decided in criminal cases of domestic abuse, but a domestic abuse conviction might come up in a subsequent child custody hearing. In a child custody hearing, the court will consider the child’s best interest when deciding custody. A domestic abuse conviction might make a court award custody to the other parent.
Many of these consequences can be prevented by challenging the evidence and avoiding a conviction in the first place. Our Egg Harbor Township domestic abuse defense attorneys can help you fight the case against you and hopefully avoid a conviction and the consequences that come along with it.
Call Our Egg Harbor Township Domestic Abuse Defense Lawyers for Help Now
If you are accused of domestic abuse-related offenses, the potential consequences might be dire. Our Egg Harbor Township domestic abuse defense lawyers can help you fight to clear your good name. Call the Lombardo Law Group, LLC at (609) 445-4300 for a free case assessment.
