What are the laws on domestic violence in New Jersey?
A domestic violence offense in New Jersey involves a crime being committed against a current or former spouse, a household member over 18 years of age, or a person who is expecting a child, or someone who has a child with the alleged offender, or to someone they are in a dating relationship with. A person can be charged with domestic violence for acts that range from homicide, stalking, assault, burglary, kidnapping, criminal threats to false imprisonment, harassment, and other such criminal offenses. In a domestic violence situation, the offender can be subject to an order for restraint.
What are the penalties of domestic violence in New Jersey?
A domestic violence offense in New Jersey carries the same offense as the underlying crime that has resulted in domestic violence. Yet, in the case there is violation in the protective order, judges may increase the penalties in the event a protective order is issued and it is later violated. Typically, the violation of a protective order or restraining order can result in a prison term of 18 months and a fine of $10,000. Call Castronovo & McKinney now at 973-920-7888 to get immediate help or by filling out our confidential case evaluation form.
What are the laws on homicide related crimes in New Jersey?
The criminal homicide law in New Jersey is comprised of three categories – murder, death by automobile, and manslaughter. Murder is a first degree crime and in a purposely knowing murder the “state” needs to prove three distinct elements:
- First that the person died.
- Second that the death was caused by the defendant either immediately or through a serious bodily injury resulting from their action.
- Third the person was in such a state of mind that the homicide can be classified as murder.
Manslaughter is another first degree crime. Manslaughter can be divided into three categories: aggravated manslaughter, reckless manslaughter and heat of passion manslaughter. Under the law, the state of mind determines a murder from manslaughter.
Murder for example is when your actions have resulted in the death of an individual or a group of individuals and your actions were with the intent to kill or cause harm to the deceased.
Manslaughter on the other hand is similar to murder with the act, and the act resulting in death, the only difference here is the individuals mental stability. For a person to be guilty of manslaughter, there needs to be proof that the individual’s mental state of mind played a part in the violent crime.
Under the New Jersey law, death by auto is a loss of life that is caused by reckless driving. A reckless act laid down in law is when a person disregards an unjustifiable and substantial risk that causes a tragedy.
Why you should not wait to hire a violent crime lawyer in New Jersey?
Violent crimes are first degree, i.e. the most serious, heinous, crimes, and hence, any cases related to them need to be dealt with immediately. Delay in contacting a New Jersey violent crime lawyer can result in a case being built up against you or impair your chances of achieving success in the case.
Call to speak with one of our New Jersey violent crimes lawyers at Castronovo & McKinney for a free consultation or a second opinion regarding your violent crime charges. We can be reached at 973-920-7888 or by filling out our confidential case evaluation form.