What Are Some of the Most Common Defenses Against Domestic Violence Charges?

Contact Us For A Free Consultation

Being charged with domestic violence can have a devastating impact on a person’s reputation and future. Here in New Jersey, law enforcement cracks down hard on all those accused of committing acts of domestic violence, which is why you need a seasoned New Jersey domestic violence lawyer in your corner who is familiar with some of the best possible defenses against these charges. Fortunately, if you are reading this, you are in the right place. Read on and contact the Law Office of Boyd & Squitieri to learn more about the best defenses against domestic violence charges and how our legal team can help protect your future at every turn. Here are some of the questions you may have:

What are the potential penalties for domestic violence charges in New Jersey?

If you’re convicted of domestic violence in New Jersey, you’re looking at a wide range of potential penalties, including the following:

  • Simple assault or harassment: Up to six months of incarceration and a $1,000 fine, among other penalties.
  • Aggravated assault: Anywhere between 18 months to 20 years of incarceration.

You will also likely have a restraining order placed against you, prohibiting you from coming in contact with the victim and their family. If you violate a restraining order in NJ, you can likely face up to 18 months of incarceration and a potential $10,000 fine.

What are some potential defenses against domestic violence charges?

  • False allegations: If you can prove that the alleged victim lied or exaggerated about the incident, you can challenge their credibility and motive.
  • Alibi: If you can show that you were somewhere else when the alleged incident occurred, you can establish your innocence with evidence such as witness testimony, credit card records, cell phone records, or photos or video footage.
  • Self-defense: If you can demonstrate that you acted in self-defense or in defense of someone else, you can argue that your actions were justified and necessary to prevent harm to yourself or another person.
  • Insufficient evidence: If the prosecution does not have enough evidence to prove your guilt beyond a reasonable doubt, you can challenge the validity and reliability of their case. This may include pointing out the lack of eyewitnesses, physical injuries, surveillance footage, or other corroborating evidence.
  • Procedural errors: If the police violated your constitutional rights during the investigation or arrest, you can seek to exclude any evidence that was obtained illegally. This may include evidence that was seized without probable cause or a warrant, or statements that were elicited without reading your Miranda rights or allowing you to speak to a lawyer.

These are just some potential defenses against domestic violence charges. Ultimately, the defense we use will depend on the circumstances of your case. The sooner you reach out to our firm, the sooner we can begin crafting your defense and fighting for your future. Contact the Law Office of Boyd & Squitieri today for a team of fierce advocates who will do everything in their power to protect you.