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Assault charges cover a variety of crimes. Anytime you injure someone or threaten to harm someone, they will charge you with an assault crime. Assault crimes range from misdemeanors to high-felony crimes. For example, a Simple Assault is a misdemeanor (disorderly persons offense) in New Jersey and carries up to 6 months in jail and up to a $1,000.00 fine.
We hear these cases in New Jersey Municipal courts.
Alternatively, Aggravated Assault & Leaving the Scene of an Accident are felony charges that carry multi-year prison sentences. We hear these cases in New Jersey Superior Courts.
Other Assault charges involve Terroristic Threats, Stalking, and Leaving the scene of an accident.
Diversionary programs will allow you to avoid criminal prosecution.
The purpose of each program is to “forgive” you once for your mistake. That’s right, you don’t get two bites out of the apple.
New Jersey’s criminal code recognizes that people aren’t perfect. If you get arrested on a first offense, you have a way to keep your record clean.
Under the New Jersey law, domestic violence is committed by a person who has a close relationship in your life, including a current or ex-spouse, any member of your household (past and current), any current or former boyfriend or girlfriend, or a parent of your children (or expected child). You do not need to be legally related to or currently living with an abuser to qualify for protection under this law.
If such a relationship applies, then the New Jersey Domestic Violence Prevention Act may apply.
Read more about Restraining Order Violations.
New Jersey Drug charges are broken down into many categories.
You can get a single drug charge or you can be charged with many.
These crimes range from:
Most drug charges in New Jersey are Indictable (felony) offenses.
Simple Marijuana Possession and Paraphernalia Possession are treated as Disorderly Persons Offenses (misdemeanors).
Want to learn about Getting Drug Charges Dismissed?
New Jersey Municipal Courts handle the highest volume of cases in the state.
From Traffic & DUI matters to Simple Assault & Harassment charges, these courts average thousands of cases per month.
Patience is an absolute necessity when going to municipal court.
Your visit could take anywhere from an hour to four hours, especially when the court is crowded.
Expect medium to long lines starting at the security line. Then you will have to wait in line to speak with the prosecutor. Next, you will have to wait for the judge to call your case.
Lastly, you will have to wait at the ticket window to pay your fines.
Sex crimes charges will devastate your life. These types of crimes will land you and prison & leave you with a criminal record. To make matters worse, you will suffer “social abuse” when your name and mug shot get published online & local newspapers.
Your circle of friends will question you & your community will perceive you as a sexual predator. If you ever needed to prepare for a fight, now is that time.
There are two important things you must do:
Next, you need to understand the penalties you face if you’re charged with theft. The penalties range according to the NJ crime degree you are facing.
Common theft crimes include:
There are plenty of excellent criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.
The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.
We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of criminal lawyers that will represent you.
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
Reasonable suspicion is a “search” standard that applies in criminal law.
When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.
A mere “hunch” is not enough.
In other words, a police officer has to provide an acceptable explanation for the search.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions
1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.
3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.
4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.
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