In 2021, New Jersey lawmakers updated the classification of strangulation assault, raising it from a third-degree crime to a second-degree crime. This change reflects the growing recognition of the severe, life-threatening nature of strangulation in domestic violence and other assault cases.
The updated law imposes harsher penalties, including longer prison sentences, as strangulation is now categorized alongside more serious felonies. Under this new legislation, a conviction for strangulation assault can result in up to 10 years in prison and fines of up to $150,000.
The Updated Law on Strangulation Assault in New Jersey
Before 2021, strangulation assault was considered a third-degree crime, punishable by up to five years in prison. However, given the dangerous nature of strangulation and its frequent role in domestic violence cases, the law was amended to increase the penalties for this offense. As mentioned above, strangulation is now classified as a second-degree felony, a more serious offense with stricter consequences.
Strangulation involves intentionally or recklessly impeding another person’s breathing or blood circulation by applying pressure to the neck or throat or by blocking their nose or mouth. It is often associated with domestic violence incidents but can also occur in other situations. The change in the law was designed to address the high potential for lethality in strangulation cases and the recognition that this form of assault often precedes more severe violence.
Legal Consequences of a Second-Degree Strangulation Charge
Strangulation is now a second-degree crime in New Jersey, and those convicted face the following legal consequences:
1. Lengthy Prison Sentences
As a second-degree felony, a strangulation conviction can result in a prison sentence of 5 to 10 years. In some cases, a mandatory minimum sentence may apply, meaning a judge has less flexibility in reducing the prison term. Strangulation cases involving severe injury or repeated offenses are likely to result in harsher penalties.
2. Increased Fines
The fines for second-degree crimes in New Jersey can reach up to $150,000. In addition to fines, courts may require restitution to cover the victim’s medical bills, counseling, or other related expenses resulting from the assault.
3. Permanent Criminal Record
A second-degree conviction for strangulation will result in a permanent criminal record. This can affect future job opportunities, housing options, and personal relationships. It may also impact child custody arrangements, particularly if the assault occurred within the context of a domestic violence incident.
4. Probation and Other Penalties
While a prison sentence is common in strangulation cases, some offenders may receive probation instead, especially if they are first-time offenders. However, probation comes with strict conditions, such as attending counseling or anger management programs, adhering to no-contact orders, and regular meetings with a probation officer. Violating probation terms can result in jail time.
Why Did New Jersey Lawmakers Change the Strangulation Law?
The reclassification of strangulation from a third-degree to a second-degree crime reflects a growing understanding of the unique dangers strangulation poses. Research has shown that strangulation is often a precursor to more severe violence and is one of the most lethal forms of assault. In domestic violence cases, victims who experience strangulation are at significantly higher risk of being killed by their abuser later on.
The change in New Jersey law was also prompted by advocacy from victims’ rights groups and domestic violence organizations, who argued that the previous penalties for strangulation were insufficient to reflect the seriousness of the crime. By increasing the penalties, lawmakers hope to deter this type of assault and better protect victims from future harm.
Defense Strategies for Strangulation Assault Charges in New Jersey
If you are facing strangulation assault charges in New Jersey, you need an experienced strangulation assault defense lawyer to help navigate the legal system and protect your rights. Some common defense strategies include:
1. Self-Defense
A common defense in assault cases is self-defense. If you were defending yourself against an attack, your lawyer may argue that your actions were necessary to protect yourself from harm. This defense is particularly strong if the alleged victim was the initial aggressor and you were forced to act in self-defense.
2. False Allegations
In some domestic disputes, false allegations can arise, especially during emotionally charged situations. Your lawyer will investigate the evidence to uncover inconsistencies in the alleged victim’s statements and gather supporting evidence that challenges their claims.
3. Lack of Intent
In strangulation cases, the prosecution must prove that the defendant intentionally restricted the victim’s breathing or circulation. If the contact was accidental or unintentional, your defense attorney may argue that the necessary intent to commit the crime was absent.
4. Challenging the Evidence
A criminal defense lawyer can also challenge the prosecution’s evidence, including medical reports and witness testimony. If the evidence is weak or unreliable, your lawyer may be able to secure a reduction or dismissal of the charges.
Why You Need a Criminal Defense Lawyer in New Jersey if You’re Charged With Strangulation
Given the serious nature of strangulation charges, having a skilled criminal defense attorney is essential. The penalties for a second-degree felony are significant, and navigating the legal process on your own can be overwhelming. Here’s how an attorney can help:
1. Legal Knowledge
A criminal defense lawyer with experience in strangulation cases will have the knowledge and skill needed to assess your case, gather evidence, and develop a strong defense strategy. They will understand the intricacies of New Jersey’s updated strangulation laws and how to apply them to your case.
2. Negotiating Plea Deals
In some situations, your attorney may be able to negotiate a plea deal with the prosecution. This could involve pleading guilty to a lesser charge in exchange for reduced penalties, such as avoiding jail time. Having an attorney to handle these negotiations ensures that your rights are protected throughout the process.
3. Protecting Your Rights
Your attorney will ensure that your constitutional rights are upheld at every stage of the legal process, from arrest to trial. This includes preventing unlawful searches, challenging any improperly obtained evidence, and ensuring you receive a fair trial.
What to Do If You’re Facing Strangulation Charges
If you’ve been charged with strangulation assault in New Jersey, it’s important to take immediate steps to protect yourself. Here’s what to do:
- Remain Silent: Avoid discussing the incident with law enforcement or the alleged victim without consulting your lawyer. Anything you say can be used against you in court.
- Contact a Criminal Defense Lawyer Near You: As soon as possible, hire a local criminal defense lawyer to represent you. The sooner your lawyer can start building your defense, the better your chances of achieving a favorable outcome.
- Gather Evidence: If possible, gather any relevant evidence that supports your defense, such as witness statements, medical records, or communications between you and the alleged victim.
Facing Strangulation Assault Charges in New Jersey? Contact the Criminal Defense Lawyers at Attorneys Hartman, Chartered for a Strong Defense
If you’ve been charged with strangulation assault in New Jersey, it’s crucial to act quickly and secure experienced legal representation. At Attorneys Hartman, Chartered, our skilled defense team is dedicated to protecting your rights and providing a strong defense against serious charges.
Call us today at 856-393-6073 for a free consultation, or fill out our online contact form to speak directly with one of our knowledgeable attorneys. Let us help you fight these charges and protect your future.