What to Do If You’re Accused of a Violent Crime in New Jersey: A Step-by-Step Legal Guide

Being accused of a violent crime can be one of the most frightening and life-altering experiences you’ll ever face. Violent crime charges often carry severe penalties, including long prison sentences, hefty fines, and a permanent criminal record. Additionally, the stigma associated with such accusations can impact your personal and professional life.

If you’ve been accused of a violent crime in New Jersey, understanding the legal process and knowing how to respond can significantly influence the outcome of your case. In this guide, we’ll walk you through the steps to take to protect your rights and build a strong defense with the help of an experienced criminal defense lawyer.

What Is Considered a Violent Crime in New Jersey?

Offenses involving physical harm or the threat of harm to another individual are considered violent crimes under New Jersey law. These crimes are treated with particular severity under state law, and convictions often result in long-term consequences. Some of the most common violent crimes include:

• Assault and Aggravated Assault: Simple assault involves causing bodily injury or attempting to cause harm through physical force. Aggravated assault includes more serious acts, such as using a weapon or causing severe injury.
• Robbery: Robbery combines theft with the use of force or intimidation. Armed robbery, in particular, carries harsh penalties.
• Homicide: Homicide encompasses crimes like manslaughter, murder, and vehicular homicide. Each carries different legal standards and penalties.
• Domestic Violence: Domestic violence refers to acts of physical, emotional, or psychological harm against a spouse, partner, or family member. These cases often involve additional considerations, such as restraining orders.
• Weapons Offenses: Possession, use, or unlawful distribution of firearms or other deadly weapons in the commission of a violent act.
• Sexual Assault: This includes rape and other non-consensual sexual acts, often accompanied by severe emotional and psychological harm to victims.

Each of these crimes has specific legal definitions and penalties that vary depending on the circumstances, such as the presence of a weapon, the severity of injuries, or whether the act was premeditated.

Step 1. Understand the Charges Against You

Take the time to familiarize yourself with the specific allegations against you. Knowing the potential penalties and the evidence the prosecution may use can help you and your lawyer craft a tailored defense strategy.

Step 2. Exercise Your Right to Remain Silent

One of the most important things to remember when accused of a violent crime is to remain silent. Anything you say to law enforcement can and will be used against you in court. Even casual statements can be misinterpreted or taken out of context to support the prosecution’s case.

• Do Not Volunteer Information: Politely decline to answer questions until your lawyer is present.
• Request an Attorney Immediately: Clearly state your desire to have legal representation before participating in any interviews or discussions with police.

Step 3. Contact a Criminal Defense Lawyer

Hiring an experienced criminal defense lawyer is critical when facing violent crime charges. A skilled attorney will:

• Protect Your Rights: Ensure that law enforcement and prosecutors follow proper procedures.
• Evaluate the Evidence: Identify weaknesses or inconsistencies in the prosecution’s case.
• Build a Defense Strategy: Develop a tailored approach based on the specifics of your case.
• Negotiate on Your Behalf: Seek to reduce charges or secure a plea deal, if appropriate.

Act quickly to secure legal representation, as early intervention can have a significant impact on the direction of your case.

Step 4. Preserve Evidence and Gather Documentation

Evidence is the foundation of any strong defense. Start gathering and preserving documentation that can support your case. This might include:

• Witness Statements: Contact information for anyone who can verify your version of events.
• Surveillance Footage: Videos from nearby cameras that might capture the incident.
• Electronic Communications: Text messages, emails, or social media posts relevant to the case.
• Medical Records: Documentation of injuries that could corroborate your account.

Your lawyer will also conduct a thorough investigation to uncover additional evidence that may strengthen your defense.

Step 5. Avoid Contact with the Alleged Victim

If your charges involve another individual, such as in cases of assault or domestic violence, avoid contacting the alleged victim. Any communication could be misinterpreted and used against you in court. Additionally, violating restraining orders or other court-mandated restrictions can result in additional charges.

Step 6. Stay Off Social Media

Social media platforms can be a minefield for those facing criminal charges. Posts, comments, or photos can be misconstrued and presented as evidence of guilt. Prosecutors often monitor defendants’ online activity for incriminating material.

• Avoid Posting About Your Case: Refrain from discussing the incident, your feelings, or your defense online.
• Review Privacy Settings: Ensure that your accounts are private and limit access to your content.

Step 7. Understand the Court Process

Navigating the legal system can be overwhelming, especially if it’s your first encounter with the courts. Familiarizing yourself with the process can help reduce anxiety and prepare you for what lies ahead:

• Arraignment: This is your first court appearance, where you’ll enter a plea of guilty, not guilty, or no contest.
• Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss charges.
• Plea Bargaining: Negotiations with the prosecution to reach a favorable resolution.
• Trial: If no plea agreement is reached, your case will go to trial, where both sides present evidence and arguments.

Step 8. Rely on Your Lawyer’s Experience

Your criminal defense lawyer’s experience is invaluable during this challenging time. Listen to their advice, follow their instructions, and keep an open line of communication. Providing your lawyer with complete and accurate information will help them build the strongest possible defense.

Step 9. Focus on Your Behavior and Appearance

How you present yourself throughout the legal process can influence perceptions of your character. Be mindful of your behavior both in and out of court:

• Dress Appropriately for Court: Wear professional and respectful attire.
• Be Polite and Respectful: Address the judge, attorneys, and court staff with courtesy.
• Comply with All Court Orders: Follow restrictions, attend scheduled hearings, and meet deadlines.

Step 10. Explore Potential Defenses

Every violent crime case is unique, and your lawyer will explore defenses tailored to your circumstances. Common defense strategies include:

• Self-Defense: Arguing that you acted to protect yourself or others.
• Lack of Intent: Demonstrating that the act was accidental rather than intentional.
• Mistaken Identity: Proving that you were not the person involved in the crime.
• Violation of Rights: Challenging evidence obtained through unlawful searches or seizures.

Why Early Legal Representation Matters

The sooner you involve a criminal defense lawyer, the better your chances of achieving a favorable outcome. Early intervention allows your attorney to:

• Prevent self-incrimination by handling communications with law enforcement.
• Secure and preserve critical evidence.
• Negotiate bail conditions or advocate for your release.

Were You Charged with a Violent Crime in New Jersey? Call Aydelotte Law Today – Your Defense Starts Here

If you’ve been accused of a violent crime in New Jersey, don’t wait to seek legal help. Aydelotte Law is here to fight for your rights, protect your future, and guide you through every step of the legal process.

Contact our firm today at 856-386-4892 for a free consultation. Let our firm build a strong case for you. We represent clients in Haddon Heights, Camden, Glassboro, Cherry Hill, and the surrounding areas.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.