Attempted Murder Not Domestic Violence – State v. Lee

[01/19/10 – 8:14 pm] In an opinion released this morning, the Appellate Division ruled that attempted murder is not one of the predicate acts that constitute an act of domestic violence. The defendant, who was serving a long state prison sentence for attempting to murder the victim, challenged the assessment of the $100 domestic violence penalty imposed at sentencing, claiming that attempted murder has not been included by the Legislature among those criminal offenses that are predicate acts of domestic violence. The Appellate Division agreed, holding that although murder and other homicide crimes are predicate offenses, attempts in general and attempted murder in particular have not been specifically included as acts constituting domestic violence when perpetrated upon a protected victim.

Download a copy of State v. Lee.

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