Strangulation Charge Defense in Bergen County, NJ
A strangulation charge in Bergen County is a serious criminal offense under N.J.S.A. 2C:12-1, often charged as aggravated assault. A conviction can mean years in prison, a permanent criminal record, and a domestic violence restraining order. The Law Offices Of SRIS, P.C. provides a strong defense for clients facing these charges in the Bergen County Superior Court.
Understanding Strangulation Charges in New Jersey
In New Jersey, strangulation is typically prosecuted under the assault statutes. Specifically, N.J.S.A. 2C:12-1(b)(13) defines aggravated assault, which includes knowingly or recklessly causing bodily injury to another by impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck, or blocking the nose or mouth. This is a third-degree crime, punishable by 3 to 5 years in state prison and a fine of up to $15,000. If the act occurs during an alleged domestic violence incident, it triggers mandatory provisions under the Prevention of Domestic Violence Act, including an immediate temporary restraining order (TRO).
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:12-1 (official New Jersey Legislature site). For court procedures and forms, visit the Bergen Vicinage website.
The Bergen County Court Process for a Strangulation Charge
Your case will begin in the Superior Court, Criminal Division, in Hackensack. A domestic strangulation charge adds a parallel case in the Family Division for the restraining order. Prosecutors in Bergen County often pursue these charges aggressively, especially in domestic contexts. An experienced strangulation charge defense lawyer Bergen County can challenge the evidence, which often relies on witness testimony and photographs, rather than definitive medical proof.
- First Appearance & Detention Hearing: You will be brought before a judge for a first appearance. The state may file a motion for pretrial detention. Your attorney must argue for your release.
- Indictment & Pre-Indictment Plea Negotiations: The case is presented to a grand jury. Your lawyer can engage in pre-indictment plea discussions with the Assistant Prosecutor.
- Post-Indictment Arraignment & Discovery: If indicted, you will be arraigned on the formal accusation. Your attorney will file for discovery to obtain all evidence against you.
- Pretrial Motions & Hearings: Your lawyer may file motions to suppress evidence or dismiss charges based on legal defects.
- Final Disposition: The case is resolved through a plea agreement or proceeds to a jury trial in the Bergen County Courthouse.
Potential Penalties for a Strangulation Conviction
In Bergen County, a strangulation conviction as a third-degree crime carries 3-5 years in prison, significant fines, and lasting collateral consequences.
| Offense Level | Classification | Incarceration | Fine | Other Consequences |
|---|---|---|---|---|
| Strangulation (Typical) | 3rd Degree Crime | 3-5 years (State Prison) | Up to $15,000 | Domestic Violence Restraining Order (if applicable), No Early Release Act (NERA) may apply (85% parole ineligibility), permanent criminal record, loss of professional licenses, firearm restrictions. |
| Strangulation (As a 4th Degree Crime) | 4th Degree Crime | Up to 18 months | Up to $10,000 | Similar collateral consequences, but may be eligible for Pretrial Intervention (PTI) for first-time offenders. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a strangulation charge and the specific dynamics of the Bergen County court system. Our approach is direct and focused on protecting your rights and future.
Case Results & Client Advocacy
While specific results in Bergen County for strangulation are not listed in our database, our firm has a documented history of achieving favorable outcomes in serious assault and domestic violence cases. For example, we have secured dismissals (nolle prosequi) in child pornography promotion cases and negotiated suspended sentences in other high-level charges. Every case is unique, but our strategic approach is consistent: analyze the evidence, challenge the prosecution’s case, and fight for a favorable resolution.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Strangulation Lawyer Near Bergen County
Our New Jersey location serves clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. We are accessible via I-80, the NJ Turnpike, and Route 17.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-0900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Is strangulation a felony in New Jersey?
Yes. Strangulation is typically charged as a third-degree crime in New Jersey, which is classified as a felony. A conviction can result in 3 to 5 years in state prison.
Can a strangulation charge be dropped in Bergen County?
It depends. The victim’s wishes are a factor, but the prosecutor makes the final decision. A skilled strangulation lawyer Bergen County can present reasons for dismissal, such as lack of evidence, conflicting statements, or self-defense, which may convince the state to drop the charges.
What is the difference between a criminal case and a restraining order for strangulation?
Two separate cases. The criminal case in Superior Court seeks a conviction and jail time. The domestic violence restraining order case in Family Division seeks civil protections like no contact. You need a defense attorney for the criminal charge and may need representation for the restraining order hearing.
What defenses are available against a strangulation charge?
Common defenses include lack of intent, self-defense, defense of others, false accusation, accidental contact, or challenging the evidence that breathing or circulation was actually impeded. An experienced strangulation charge defense lawyer Bergen County will investigate to identify the strongest defense for your situation.
Should I talk to the police if I’m accused of strangulation?
No. Politely decline to answer questions and immediately request an attorney. Anything you say can be used against you. Contact a domestic strangulation lawyer Bergen County before speaking to anyone about the allegations.
Internal Resources
For more information, see our New Jersey Criminal Defense overview. We also assist clients in nearby counties like Atlantic County and Burlington County. If you are facing related charges, explore our pages on Assault Defense and Domestic Violence Defense in Bergen County.
Page last verified: 2026-04. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Your case in Bergen County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Bergen County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Bergen County NJ lawyers directory · Strangulation Lawyer Hudson County, NJ · Strangulation Lawyer Monmouth County, NJ.