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leo basic
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Pen Maker
Pen Maker

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...but they 'told me' to hit them...so I did. They started it so why am I charged with assault? Under the criminal code of NJ, you cannot consent to being hit, so even if the 'victim' dares you to hit them you will be charged with assault when you oblige them and hit them. Any contact under those circumstances is an assault, even a gentle tap. Assault is graded on the level of injury caused, such as 'serious bodily injury' , 'significant bodily injury' and 'bodily injury'. The more serious the injury the more likely it is that you get a sentence of incarceration, which can include a period of parole ineligibility during which you cannot be released. Even without actual injury, you can be charged if you attempted to cause that type or level of injury. To understand the level of injury, for 'serious' injury think in terms of causing a substantial risk of death or which causes permanent disfigurement or the protracted loss of the function of a bodily member; for 'significant' injury think in terms of a temporary loss of the function of a bodily member; and, for 'bodily' injury think in terms of physical pain or any impairment of physical condition.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601,
Newark, NJ 07102
973-982-1200

#assault #criminaldefense #sentence
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...if I violate the Restraining Order and get charged with Criminal Contempt of Court, and then the Order is dismissed, how can I be convicted of contempt? In NJ, the dismissal of the TRO or FRO does not impact the ability of the State to prosecute the criminal charge against you. The Domestic Violence RO is issued as a civil action involving the two parties (victim and defendant), while the criminal complaint is issued by the State against you as the defendant. Just because the victim decided to withdraw the TRO, or asked the Court to dismiss the FRO, that does not stop the State from prosecuting you for violating the law. In addition, just because the criminal complaint is dismissed by the prosecutor, that does not clear your criminal record, as the record is created when you are charged, not when or if you are convicted. the proceedings for a DV TRO/FRO and a criminal contempt charge are not handled in the same Court, which requires you to prepare a defense of both actions, before different Judges. Many criminal contempt charges are the result of the defendant responding to a contact by the victim, and it is not a defense to criminal contempt that you only contacted them after they contacted you. You are the person who the Order limits from contacting the protected party, so they cannot violate the Order, only you can.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, N J 07102
973-982-1200

#DomesticViolence #RestrainingOder #Contempt
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