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Domestic Battery vs. Domestic Assault

Assault and battery are often lumped together, but legally, they are not the same. To commit assault, a person does not have to inflict physical injury upon another individual but simply threaten physical violence. However, battery almost always involves an actual physical injury. In domestic battery cases, typically one partner is injured by another, though domestic battery can also involve children or older parents.

Domestic Battery Charges

Under N.J.S.A. 2C:12-1(b), if you intentionally or recklessly cause bodily injury to another – with or without a deadly weapon – you can be charged with “aggravated assault,” or battery. If you commit the offense against someone who is protected under New Jersey’s domestic violence laws, then you can be charged with a domestic violence offense. 

A statute, N.J.S.A. 2C:25-19, defines who is  protected person. These persons include: 

  • Spouses or former spouses
  • Present or former household members
  • Any person with whom the victim had a dating relationship
  • Any person whom the victim anticipates having a child in common with or anyone with whom the victim does, in fact, have a child in common. 

If a police officer responds to a domestic violence call and finds probable cause to believe that domestic violence has occurred, the officer must make an arrest under N.J.S.A. 2C:25-21(a). If the victim tells the officer that he or she has been kicked, punched or otherwise assaulted, or if the officer sees signs of physical injury, that should give the officer probable cause.

New Jersey courts take domestic abuse seriously. Those convicted of domestic battery may face serious penalties such as fines and jail time. If you are facing charges of domestic battery in Freehold, NJ, it is important to understand your legal rights during this stressful time. Talk to an experienced domestic battery and domestic violence lawyer in New Jersey today.

Types of Domestic Battery

Unfortunately, domestic battery cases are prevalent crimes in the United States, and they can involve multiple types of violence. Some of the most commonly reported kinds of domestic battery include:

  • Pushing or shoving
  • Hitting, punching, or slapping
  • Burns
  • Sexual abuse
  • Kicking
  • Throwing objects

Although domestic battery cases can be serious, these accusations can also arise as a method of “revenge” against a partner. In other cases, both partners may be involved in abuse against each other.

Contact an Experienced Domestic Battery Lawyer

If you are being charged with domestic battery in Freehold or Neptune, there may be legal ways that you can avoid the possible harsh penalties that often result from domestic battery convictions. Contact a tenacious New Jersey criminal defense attorney at the Law Office of Jason A. Volet today at 732-863-5050 to learn more about how we can help you.

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