Strangulation Defense Lawyer in Cherry Hill, NJ Defends The Rights of Clients Accused of Assault in New Jersey
Strangulation assault in New Jersey is classified as a second-degree crime. This has been the case since 2021. In the past, those accused of strangulation assault were charged with a third-degree crime. They were therefore eligible for pretrial intervention, probation, and other non-custodial penalties. However, a conviction for this crime now carries a presumption of incarceration. Those who are convicted of this crime are ineligible for diversion. They also face stiff state penalties. With your freedom at stake, it is crucial that you have the guidance and representation of an experienced New Jersey strangulation assault attorney.
The team at the Law Offices of Michele Finizio will fight to secure and defend your rights and freedom. Our law firm is experienced in successfully defending the rights and freedom of those accused of aggravated assault. We will have the skills and knowledge to defend you and help you avoid the serious consequences of a conviction for aggravated assault.
Contact us today to schedule a consultation with an experienced and skilled strangulation defense lawyer in Cherry Hill, NJ from our law firm. We offer a free consultation for those accused of aggravated assault. We would be happy to explain your rights and options to you as well as guide you on the best approach to take with your case.
Facing a Domestic Violence or Restraining Order Matter And Have Questions? We Can Help. Contact The Law Offices of Michele Finizio Today At 856-888-9059 Or Fill Our Our Convenient Online Contact Form For A Free Consultation About Your Case.
The Elements of An Aggravated Assault Strangulation Case
The modification of the aggravated assault law in 2021 made the violation of the law a second-degree crime. The law applies when someone, knowingly or under the circumstances manifesting extreme indifference to the value of human life, acts recklessly to obstruct the blood circulation or breathing of a person who, with respect to the perpetrator, meets the definition of a victim of domestic violence.
A conviction for aggravated assault and strangulation has the potential for harsh penalties. However, the prosecution must prove three elements in order to secure a conviction. They must show beyond a reasonable doubt that:
The accused obstructed the breathing or blood circulation of the alleged victim
In order to establish this, the state often relies on the testimony of the victim. They may also rely on evidence such as videos or photographs depicting abrasions on the neck of the victim.
The accused’s actions were done knowingly or under the circumstances manifesting extreme indifference to the value of human life
An act is considered to have been carried out knowingly if it was certain that the actions would produce a particular result. The prosecution must show that the alleged perpetrator was conscious of the risks their actions posed but acted with disregard for these risks.
The alleged victim meets the definition of a victim of domestic violence in regard to the accused
This means that the victim should have been a spouse, boyfriend, girlfriend, someone the accused has dated, or a member of their household.
Protect your rights and freedom by seeking the guidance and representation of an experienced New Jersey strangulation assault attorney from the Law Offices of Michele Finizio.
Contact The Law Offices of Michele Finizio to Consult With An Experienced New Jersey Strangulation Assault Attorney
Have you or a loved one been accused of aggravated assault? The law in New Jersey is stringent when it comes to strangulation assault charges. If you are convicted, you face the potential of being imprisoned. It is vital to have the guidance and representation of an experienced New Jersey strangulation assault attorney.
Contact the Law Offices of Michele Finizio to consult with an experienced and skilled strangulation defense lawyer in Cherry Hill, NJ. We will review your case for free and explain your rights and options to you. We have extensive experience fighting to defend the rights of those who have been accused of crimes such as strangulation and assault. We will work to get the best possible outcome in your case. Contact us today to schedule your free consultation.
Frequently Asked Questions About Strangulation Assault Charges in New Jersey
What are the penalties for strangulation assault in New Jersey?
The penalties for a second-degree assault are 5 to 10 years in state prison as well as a fine of up to $150,000. The law imposes a prison sentence for all second-degree convictions. This can only be avoided if the court finds that, in consideration of the character and condition of the defendant, it would be considered an injustice to have them imprisoned. There’s therefore a great risk of serving time behind bars if you are convicted of strangulation assault in New Jersey.
With the help of an experienced New Jersey strangulation assault attorney, you can avoid the serious consequences of a conviction. Attorney Michele Finizio will fight to secure the best outcome in your case. Our team will fight to have your charges reduced or dismissed or to secure an acquittal.
The alleged victim does not want to proceed with the case. Will my charges be dismissed?
No. Even when the victim does not want to proceed with the case, you may still be prosecuted for strangulation assault. This is because the prosecution of such a complaint is controlled by the state and not the victim. If the police have evidence to support probable cause that the strangulation assault was committed, the state can file charges following a complaint. They thereafter assume control of the case, whether or not the victim chooses to proceed with it.
However, in strangulation cases, the victim is often the state’s main witness. It is therefore difficult for the state to build a case without the testimony of the victim. Therefore, in many cases, when the victim is no longer willing to pursue the charges, the prosecution will often dismiss or downgrade the charges.
You can find out more by consulting with an experienced strangulation defense lawyer in Cherry Hill, NJ at the Law Offices of Attorney Michele Finizio. We would be glad to review your case for free. We will explain your rights and options to you and determine the best way forward.