Increased Penalties for Domestic Violence

In the last five (5) years, the potential penalties for certain acts of domestic violence, specifically, strangulation, have increased significantly. Prior to 2017, an allegation of strangulation could have been deemed a misdemeanor and punishable by up to six (6) months in the county jail.  Since then, the conduct of strangulation has twice been amended.  Now, strangulation is now a crime of the Second Degree.  Currently, an allegation of strangulation is punishable by up to ten (10) years in prison and carries with it a presumption that the defendant be sentenced to a term of imprisonment.   

Background 

The Prevention of Domestic Violence Act, passed in 1991, offers legal protections to victims of domestic violence and criminalizes acts of domestic violence. Any person 18 years of age or older, or who is an emancipated minor, and has been subject to domestic violence by a spouse, former spouse, any other person who is a present or former household member, or someone from a dating relationship, is protected by the act.  

Domestic violence protections continue to evolve as barriers of silence frequently associated with domestic abuse are broken down. Among the issues studied has been the prevalence of attempted strangulation by abusers as a form of injury associated with domestic violence, and the correlation to escalating violence committed against their victims. One recent case study on domestic violence-related strangulation found that domestic violence strangulation is a significant predictor of attempted and completed murder, multiplying the odds by seven. 

2017 Amendment 

In 2017, the New Jersey Aggravated Assault statute was amended and specifically criminalized domestic violence strangulation. Pursuant to N.J.S.A. 2C:12-1b(13), a person who knowingly or under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person by applying pressure on the throat or neck or blocking the nose or mouth in an act of domestic violence is guilty of this crime. 

When passed in 2017, strangulation was a third-degree crime, punishable by up to five (5) years imprisonment, a $15,000 fine, or both. 

2021 Amendment 

On July 12, 2021, Governor Murphy signed legislation elevating strangulation assault to a crime of the second degree and increasing the punishment for a conviction.  

The 2021 amendment elevated strangulation to a second-degree crime, punishable by a term of five (5) to ten (10) years imprisonment. In addition to increasing the length of punishment, there is now a presumption of imprisonment for defendants convicted of domestic violence strangulation. That is because when a defendant is convicted of a crime of the second degree the law imposes a presumption that they are sentenced to state prison. 

Consult Rosenberg | Perry & Associates, LLC Today  

If you or someone you know is charged with Aggravated Assault, Strangulation, you may be unsure where to turn first. Get the answers to all your questions about your domestic violence and criminal matter and ensure that your rights are protected throughout the criminal proceedings. Contact our office today by phone or text at (609) 216-7400 or contact us online and learn what we can do to help.