Dealing With Strangulation Charges in New Jersey? Here's What You Need to Know

Let's be real - being accused of domestic violence involving strangulation in New Jersey is scary stuff. The penalties are no joke - we're talking years in prison and huge fines if convicted. But take a deep breath - all hope is not lost. With the right legal strategy and a knowledgeable attorney on your side, you may be able to get the charges reduced or even dismissed.

Strangulation Laws in NJ - The Basics

First, what exactly does New Jersey law say about strangulation? Essentially, purposely choking or blocking someone's ability to breathe during domestic violence is considered aggravated assault, which is a second-degree felony under NJSA 2C:12-1(b)(13). That's punishable by 5-10 years in prison and fines up to $150,000. Yikes.Here's the key - the victim doesn't need to be completely choked out or killed. Even briefly messing with their breathing or blood flow counts. Bruises or marks aren't required either - simply contacting the neck area is enough for charges.A strangulation conviction also means you'll be slapped with a permanent restraining order, banning all contact with the victim for life. Plus your name goes in a domestic violence registry that police can access. Not good.

Fighting Back Against the Charges

The good news? Skilled criminal defense lawyers can often get strangulation accusations reduced or dismissed completely. Here are some of the most common defenses:

False allegations - The alleged victim lied or exaggerated about what happened. Your attorney can investigate their claims and credibility as a witness.
Self-defense - You acted reasonably to protect yourself from violence initiated by the other person. Your lawyer may argue you were justified in your actions.
Accident - Any contact with the neck area was accidental, not intentional. For example, you were gesturing while arguing and inadvertently touched their throat.
Misidentification - You're flat-out wrongly accused and were not the person involved at all. Eyewitness mistakes do happen.
Lack of injury - No actual physical harm like bruises, marks, or breathing issues occurred. This brings the level of assault into question.

A skilled attorney familiar with NJ law will know how to argue these defenses persuasively to prosecutors and in court if necessary. Their goal is getting charges reduced to a lesser offense or dismissed completely through negotiations.

Why You Need an Experienced Lawyer in Your Corner

Let's be real - facing criminal accusations is terrifying. You need someone who knows the system and how to beat these charges on your side. A knowledgeable lawyer can provide:

Deep understanding of NJ strangulation laws and defense tactics that work.
Guidance on your legal rights and the court process.
Thorough investigation of the prosecution's claims and evidence.
Aggressive negotiation with the DA's office to get charges lowered or dropped.
Strong arguments in court hearings if the case goes to trial.

The stakes are sky-high, so having an experienced local attorney who knows the prosecutors and judges is crucial. They'll craft arguments tailored to the tendencies of courts in your area - homefield advantage.

What to Expect if You Hire an Attorney

If you hire a lawyer, here's generally what goes down:

Initial consultation - The lawyer will listen to your side, review the charges, explain your rights, and give their assessment. This first meeting is usually free.
Investigation - Your attorney will then start investigating the allegations, interviewing witnesses, and negotiating with prosecutors.
Case updates - They'll keep you in the loop on developments in the case and strategy discussions.
Motions and hearings - If necessary, they'll argue motions before the judge to get evidence tossed and vigorously defend you in any hearings.
Trial - If it goes this far, your lawyer will cross-examine witnesses, bring experts, and mount the strongest defense possible.
Sentencing - If convicted, they'll push for the lightest penalties and fines allowed by law.

Questions to Ask When Choosing a Lawyer

When meeting with attorneys, ask questions like:

How much experience do you have with NJ strangulation cases specifically?
What are some past successes you've had defending these charges?
Will you personally handle my case or pass it off to an associate?
How often will you provide case updates and take my calls?
What's your take on the prosecutor and judge assigned to my case?

Avoid any lawyers who guarantee certain outcomes or pressure you to plead guilty right off the bat. The right attorney will be honest about the challenges while remaining optimistic about your chances.

The Bottom Line

Here are the key takeaways about strangulation accusations in New Jersey:

It's a very serious second-degree felony charge.
But an experienced criminal defense lawyer can often get charges reduced or dismissed through negotiation and aggressive defense.
Having a knowledgeable local attorney familiar with NJ courts is absolutely vital.
With the right legal strategy, the outcome may be better than you expect. Don't lose hope.

Remember - you are innocent until proven guilty. An attorney well-versed in NJ criminal law can make all the difference in fighting the charges and protecting your future. Don't go it alone against the prosecutors - hire a lawyer to advocate for you.Facing strangulation accusations is scary stuff, but it's not necessarily the end of the world. Take a deep breath and start consulting with defense attorneys.

NJ Domestic Aggravated Assault Involving Strangulation Lawyers