Assault and other crimes in Jersey City can be charged as domestic violence if committed against protected individuals. If your charges are classified as domestic violence, you may face more penalties, and a conviction can affect every aspect of your life. Thus, if you are facing domestic violence charges, take your situation seriously. This means speaking to a domestic violence attorney from the Law Offices of Anthony Carbone, P.C. about your legal options.
Who are Protected Persons in Domestic Violence Cases
The Prevention of Domestic Violence Act or PDVA in New Jersey protects domestic violence victims and ensures perpetrators are seriously punished for their actions. Under this state law, assault and other crimes a person commits against protected individuals are prosecuted differently than criminal acts committed against other people. Protected persons include domestic partners and spouses, girlfriends and boyfriends, parents of shared children, household members of the defendant, and victims with whom the alleged perpetrator is expecting a child.
It is important to keep in mind that domestic violence charges can also be pursued in cases that involve people who live separately. Likewise, the parties involved do not need to have a formal legal relationship.
Examples of Crimes that Can Be Charged as Domestic Violence
Under the PDVA, several crimes can be charged as domestic violence in the related circumstances. When facing charges that arise out of domestic violence, speak with a lawyer as soon as possible. Examples of these crimes include the following:
- Assault. This crime involves purposely, recklessly, and knowingly causing bodily harm to another person. In cases that involve severe bodily injury, the prosecution can file for aggravated assault charges. Allegations of aggravated assault or assault against a protected individual is a common kind of domestic violence charge in Jersey City.
- Criminal trespass. This crime involves entering a structure such as a residence without permission or staying in it secretively. Although you can claim that you reasonably thought the structure’s owner would have allowed you to enter or stay, this can get more complex in domestic violence cases.
- Harassment. Allegations of harassment take a lot of forms that can result in domestic violence charges. This is possible if the harassment is committed against a protected individual. Because of the complex nature of the state’s harassment statute, harassment-based domestic violence can be charged against you in different circumstances. However, there are several possible defenses to such charges. A skilled attorney can help protect you.
- False imprisonment. Prosecutors can charge you with domestic violence based on false imprisonment if you are accused of illegally or unknowingly restraining the alleged victim to interfere with their liberty. Such charges can arise in situations when the victim alleges that they felt unable to get out of a violent situation safely.
- Kidnapping. This crime also involves restraining the alleged victim against their will. But there are other elements to kidnapping charges. Prosecutors can pursue such charges in domestic violence cases, but they need to prove that you illegally confine the victim for a significant period to inflict injury, deprive custody, terrorize, or commit another crime.
- Robbery. This involves causing harm while committing a theft. For instance, if a domestic partner threatens violence while getting away from the scene with their partner’s personal property, this can result in a domestic violence robbery charge.
If you have been charged with domestic violence in Jersey City, you need an attorney who can defend you and protect your rights. It’s necessary to reach out to a lawyer as soon as possible, so they can start evaluating your case, establishing your defense, and collecting necessary evidence that can support and strengthen your case.
