New Jersey Elevates Penalties for Aggravated Assault Strangulation Crimes

Domestic Violence Penalties in New Jersey for Allegations of Strangulation now carry a presumption that the defendant be sentenced to a term of imprisonment

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. A conviction for this crime is now punishable by up to ten years in prison, a fine of up to $150,000.00, or both. 

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.

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.

Increased Penalties

The new legislation elevates 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.

If you or someone you know has questions about domestic violence, the Prevention of Domestic Violence Act, and the legal options available to victims of domestic violence, contact the attorneys at Rosenberg Perry & Associates. We provide free consultations and are here to help.