NJ Man Sentenced to 7-Year Prison Term in Domestic Violence Case

By Lois G. Schwartz | September 13, 2017

According to the National Coalition Against Domestic Violence, more than tens of thousands of domestic violence incidents are reported in New Jersey each year. Dozens of domestic abuse homicides result.

The cost of physical assault, stalking, or intimate partner rate totals more than $8 billion in mental health and medical services. Victims lose productivity at work as fear invades their lives. Domestic violence, unfortunately, contributes to child abuse, child death, substance abuse, homelessness, and mental health issues.

Recently, a New Jersey man was sentenced to a seven-year state prison term on domestic violence charges. The Superior Court judge hearing the case said that it was the most “egregious” case, other than homicide, he’d considered in his career.

The defendant hit his wife (now ex-wife) with a gun and put the weapon to her head. He used a friend as a “human shield” when police came to the home. He asked the police to end his life that night. The husband said the violence was to prevent his wife from leaving him.

The man pleaded guilty to a series of charges, including second-degree aggravated assault. He must serve at least five years and 11 months of his sentence (85 percent) to become parole-eligible.

Under N.J.S.A. 2C: 12-1.b, aggravated assault may be charged in New Jersey if the assault was made against a family member, serious bodily injury occurred to him or her, a deadly weapon was used/displayed in the assault, the actor threatened a person with the gun or pointed it at him or her, and the assault happened while the actor was eluding/attempting to elude or resisting an arrest.

The penalties for second-degree aggravated assault include 1) fines/court costs, 2) restitution to victim(s), 3) prison sentence, 4) loss of the right to possess or own a weapon or firearm, 5) probation/electronic monitoring, 6) required anger management education, and 7) parole.

If convicted of second-degree aggravated assault, the defendant faces a minimum of five and a maximum of 10 years in prison plus a maximum $150,000 fine. A conviction of second-degree aggravated assault requires the “No Early Release” (NERA) provision in New Jersey. The law requires the offender to serve 85 percent of his or her prison sentence before becoming eligible for parole.

As this case example demonstrates, domestic abuse can be potentially deadly. It harms everyone involved. If you are facing domestic abuse, call the police immediately. As soon as possible, contact a domestic abuse attorney for assistance.

Or, if you have been accused of domestic abuse, you need an experienced New Jersey domestic abuse attorney right away. Contact the Law Office of Lois Garber Schwartz, Esq. in Cherry Hill, NJ at 856-375-8989 to discuss your case in confidence.

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