Newark, NJ asked in Domestic Violence for New Jersey

Q: What will be my jail time or fines if found guilty of charge?

This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?

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3 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Domestic Violence Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: More information is required. Depends on if it was domestic violence related, aggravated assault or simple assault charged as a indictable offense. Your record also factors. Yes you could face jail and max fine for aggravated assault is $15K. Be wise and retain an attorney.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Domestic Violence Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Whether it's simple assault and aggravated assault you face the possibility of a jail fines and probation. Of course both charges have a criminal record attached to them too. Your best bet is to set up one of the free in office consultation that most of us criminal lawyers offer. By the way self-defense generally only works if you can prove that she hit you first, or that your injuries are much worse than his/hers

Richard Diamond
Richard Diamond
Answered
  • Domestic Violence Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: You are mixing apples with pineapples with your question. The 1st and most important question is whether you were served with a domestic violence complaint or a criminal complaint or both.

A domestic violence complaint means that your partner was caused fear for her safety / well being and is asking a family part superior court judge on the return date to put in place a final restraining order barring all forms of contact and communications between the 2 of you forever.

If your partner / police filed a criminal complaint against you as a result of the incident, then the matter is a municipal court criminal proceeding with the officer and your partner testifying against you and the criminal penalties are set forth in the statute ( based on the nature of the offense).

If both were filed against you, then you will be appearing in both courts. My suggestion ( no surprise) is that you have a consultation with a family law litigation lawyer ( ie Diamond & Diamond) to review the complaint[s] filed against you to discuss the viability of your defense and the options available to you. If interested, please call Angela at 973-379-9292 to arrange a consultation with one of the partners in the firm.

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