Fight Your Domestic Violence Strangulation Charge with the Help of an Experienced New Jersey Criminal Lawye
In domestic violence cases, strangulation is a second-degree indictable offense under New Jersey law. If convicted, you can face up to a $150,000 fine and 10 years behind bars. New Jersey enhanced the penalties for strangulation in 2021, and prosecutors will fight to secure the maximum penalties available.
As a result, if you are being accused of strangling your current or former spouse, partner, boyfriend or girlfriend, or anyone else protected under New Jersey’s Prevention of Domestic Violence Act (PDVA), you need experienced legal representation. Our attorneys have centuries of combined experience defending clients in domestic violence cases—and if you need legal representation, we strongly encourage you to speak with a New Jersey defense attorney at our firm immediately.
When Can You Be Convicted of Strangulation in New Jersey?
Strangulation is classified as a type of assault under New Jersey law. Under Section 2C:12-1(13) of the New Jersey Code of Criminal Justice, you may find yourself charged with strangulation if you are accused of:
“Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstruct[] the breathing or blood circulation of a person who . . . meets the definition of a victim of domestic violence . . . by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.”
This statute has several key “elements,” and defending against a strangulation charge often involves attacking one or more specific elements of the prosecution’s case. For example, your New Jersey criminal lawyer may be able to protect you by asserting defenses such as:
- There is insufficient evidence that you acted knowingly or recklessly;
- There is insufficient evidence that you obstructed the alleged victim’s breathing or blood circulation; or,
- There is insufficient evidence that you were attempting to injure the alleged victim (and you did not actually cause injury).
Along with attacking specific elements of the prosecution’s case, there are several other ways that your New Jersey criminal lawyer may be able to defend you as well. For example, if you have been falsely accused, your lawyer can work to gather evidence that proves you are innocent. Or, if the police obtained evidence in violation of your constitutional rights (i.e., by conducting an unlawful search or seizure), your lawyer may be able to keep this evidence out of court. Without evidence, prosecutors won’t be able to prove your guilt beyond a reasonable doubt.
The defenses you can use to fight your domestic violence strangulation charge depend on the facts of your case. To discuss the facts of your case with an experienced New Jersey defense attorney in confidence, contact us today.
Contact Us for a Confidential Consultation
We represent individuals charged with strangulation in domestic violence cases statewide. If you need to speak with a lawyer about defending yourself in court, call 877-435-6371 or tell us how we can reach you online today.
