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Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

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Charged with Domestic Violence Assault in New Jersey

Facing a Domestic Violence Assault in Monmouth County?

Local Freehold Domestic Violence Assault Attorney Near MeHave you been accused of assaulting a loved one in Monmouth County? If so, you will most likely be facing a domestic violence assault charge. It should be no surprise to hear that New Jersey, including Monmouth County, takes acts of domestic violence very seriously and when the act involves some form of violence, they tend to be prosecuted to the fullest extent of the law. In addition, as a result of the bail reform which began in January of 2017, anyone charged with such an offense will most likely be forced to detained in the Monmouth County jail for up to forty-eight hours so that a risk assessment could be conducted. If the underlying facts are egregious enough, the prosecution may file for a Detention Hearing, which, if successful, the individual may be detained in the county jail, without bail, pending trial. Those are just some of the reasons why we strongly recommend that if you or a loved one has been charged with domestic violence assault in Monmouth County, that you contact an experienced criminal defense lawyer as soon as possible.

Looking to Speak to a Domestic Violence Assault Attorney in Freehold NJ

Proetta & Oliver has been defending those accused of not only acts of domestic violence, including simple assault, aggravated assault, terroristic threats and stalking but also those served with a temporary restraining in courts throughout Monmouth County for the better part of the last decade. Our criminal defense attorneys fully comprehend the ramifications of being convicted of an act of domestic violence. As such, our office is dedicated to aggressively challenging the evidence presented against our clients in order to achieve a desirable outcome. If you would like to speak to one of our Monmouth County Domestic Violence defense lawyers today, then please contact our Middletown office at 732.858.6959 or you can try contacting us online. Our office appears in courts throughout Monmouth County, including courts in towns like Freehold, Wall Township, Manalapan, Red Bank, Belmar, Manasquan, Rumson, Holmdel, Aberdeen, Matawan and Tinton Falls.

What to Know about Domestic Violence Assault Charges in NJ

In New Jersey, assault charges will be considered either a disorderly persons offense (i.e. simple assault), which is equivalent to a misdemeanor or an indictable offense (i.e. aggravated assault), which is equivalent to a felony. Not only will the degree of the offense dictate the potential penalties but it will also dictate what court has jurisdiction over the assault charges.  The local municipal court in the municipality where the incident occurred will have jurisdiction over all simple assault charges. Conversely, the Monmouth County Superior Court will retain jurisdiction over all aggravated assault offenses, regardless of the municipality where the incident took place.

Pursuant to NJSA 2C:12, which is the governing statute in New Jersey for all assault crimes, the type of injured suffered will determine whether the individual is charged with simple assault, a third degree aggravated assault or a second degree aggravated assault.  NJSA 2C:11-1a spells out the three potential “types of injury” and they are as follows, bodily injury, significant bodily injury as well as serious bodily injury. They state in pertinent part:

  • Bodily Injury {Simple Assault}: Physical pain, illness or any impairment of physical condition.
  • Significant Bodily Injury {3rd Degree Aggravated Assault}: Bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.
  • Serious Bodily Injury {2nd Degree Aggravated Assault}: Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Served with a Temporary Restraining Order For Assaulting a Loved One in Middletown

If you have been charged criminally with domestic violence assault, the victim in the case will have the ability to file for what is known as a temporary restraining order (TRO). If a TRO is in fact filled, this matter will be in addition to the criminal charges and will be handled in the Chancery Division, Family Part in the county where one of the parties reside. The TRO is temporary in nature and before it can become permanent, a final restraining order (FRO) must be conduct. These hearings are in essence mini trials, where in which both parties will most likely testify and put fourth whatever evidence they may have. The ramifications of a FRO can be devastating, for more information on restraining orders in New Jersey, please click the link.

Conviction for Domestic Violence Assault Will Lead Forfeiture of Weapons

Anyone convicted of a domestic violence assault charge, whether it be for simple assault or aggravated assault, will forever be barred from owning weapons in New Jersey. If the individual lawfully owns any weapons prior to the conviction, their weapons will need to be seized and forfeited. The individual will be afford the opportunity to legally sell the weapons to a third party in an effort to regain the economic value of the weapons. For more information on weapon forfeiture hearings in New Jersey, please click the link.

What is the Bail for a Domestic Violence Assault Case in NJ

New Jersey has moved away from a cash / bond bail system and now follows what has been labeled as a “risk assessment”. Anyone arrested on domestic violence assault charges will more likely than not be subject to New Jersey’s new risk assessment system. If the individual is subject to bail reform, they must be taken to the Monmouth County Jail so that Pretrial Services can conduct a risk assessment. Once the risk assessment is completed, the individual will be scheduled for their Central Judicial Processing Hearing (CJP). At this hearing the Monmouth County Prosecutor’s Office will need to advise the Court whether they will be consenting to release the individual on bail conditions or whether they will be petitioning the court to keep the individual detained, without bail. If they do seek to detain the individual without bail, then a formal detention hearing must be conducted. For more information on these hearings, please click the link.

Need to Consult with Domestic Violence Assault Attorney in Wall NJ

As you can see from reading above, simply being charged with domestic violence assault can be damaging to someones life, not to mention the affects it could have if that person is convicted. If you have been accused of assaulting a loved one or been served with a restraining order in Monmouth County, Proetta & Oliver can help. Our office defends those accused of acts of domestic violence in courts throughout Monmouth County, including Howell, Eatontown, Ocean Township, Asbury Park, West Long Branch, Long Branch, Colts Neck, Marlboro and Shrewsbury. To speak to one of our criminal lawyers today, please contact our office at 732.858.6959.

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