Prescription Drug Offenses

Possession & Distribution – N.J.S.A. 2C:35-10.5 Possession or distribution of four or fewer doses is a Fourth Degree Crime; Possession or distribution of five but less than one hundred doses is a Third Degree Crime which carries a fine of up to $200,000; Possession or distribution of one hundred or more doses is a Second Degree Crime that carries a fine of up to $300,000. Continue Reading...

Robbery Charges

The Robbery Law is contained at N.J.S.A. 2C:15-1. It defines robbery as a theft, during the commission of which, a person: (1) either inflicts bodily injury or uses force; or (2) threatens to cause immediate bodily injury or a first or second degree crime. For purposes of 2C:15-1, “commission” includes attempt to commit a theft or flight therefrom. Grading. Where an individual uses a weapon Continue Reading...

Shoplifting Offenses

The New Jersey Shoplifting Law is contained at N.J.S.A. 2C:20-11. The grade of criminal offense that a shoplifting charge will trigger is contingent upon the value of the merchandise allegedly stolen. In this regard, the statute provides as follows: It is a Disorderly Persons Offense where the value of the merchandise is $200 or less; It is a Fourth Degree Crime where the value of the Continue Reading...

Under the Influence of Alcohol

The working definition of "under the influence of alcohol" as related by the case law has not changed much in the past 100 years. In State v. Emery, the New Jersey Supreme Court quoted with approval a definition that dated back to at least 1917. The court held "N.J.S.A. 39:4-50 penalizes a person who drives while under the influence of intoxicating liquor. Although prosecutions pursuant to these Continue Reading...

Michael Vick and the Federal Sentencing Guidelines

Michael Vick has pled guilty to charges in Federal Court stemming from his connection to a dog fighting ring. As a result, Vick faces sentencing in Federal Court in December. In the past, the Federal Sentencing Guidelines have been mandatory. Therefore, Federal judges had little to no discretion in sentencing offenders. Depending on the offender’s prior criminal history, cooperation with the Continue Reading...