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New Jersey Criminal Defense Law Blog

New Jersey Criminal Defense Law Blog

About Jonathan F. Marshall

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So far Jonathan F. Marshall has created 282 blog entries.

Aggravated Assault Charges Filed Against Westfield Woman

I have posted many times on the subject of Assault by Auto in DWI cases. Many individuals may think that these types of charges only effect “problem” individuals. This interpretation could not be more off base and, if you read the StarLedger recently, you would have witnessed this first hand. In this regard, a 55 year old woman from Westfield, who never had any problems with the law previously, struck a pedestrian in the parking lot of Lord & Taylor. It later turned out that this driver was driving while intoxicated.

The suspect in this case was originally issued several motor vehicle summonses. Further investigation apparently substantiated probable cause to issue indictable felony charges. As a result, the motorist was arrested this week on a charge of Aggravated Assault. This offense can be very serious and even includes a grade of Second Degree where injuries are serious enough. I would suspect that this charge is Third Degree based on the facts and the bail amount of $20,000, which is in the range of a Third Degree Aggravated Assault. The defendant is definitely in need of a solid Union County Aggravated Assault Attorney as incarceration could be a possibility depending on the seriousness of the injuries involved, the position of the victim on sentencing, and other factors. My real point is that someone from an affluent community, who is otherwise law abiding, can also be the subject of an Aggravated Assault. The poor judgment in getting into her car drunk could lead to severe penalties for this middle aged suspect.

By |2012-06-07T20:05:03+00:00June 7, 2012|Aggravated Assault|Comments Off on Aggravated Assault Charges Filed Against Westfield Woman
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New Jersey Shoplifting Conviction Needs to be Avoided by a Visa Holder

New Jersey court statistics show that shoplifting arrests are up throughout the state. Many attribute this to the downturn in the economy. Irrespective, it is clear that our criminal defense law firm has seen a spike in retail theft charges. A significant portion of those arrested involves suspects who are not a citizen, for example, a green card holder or even visa holder (e.g. H1 or H4). A shoplifting conviction can be particularly troublesome for such a person.

When someone is admitted to the country on a temporary basis, it is typically achieved through an immigration visa. When the admission stems from sponsorship by an employer, it is termed a H1 visa. The dependents of someone holding a H1 visa are also admitted into the country under a H4 visa. Both H1 & H4 visas are temporary and must periodically be renewed or extended. A shoplifting conviction can, however, significantly complicate this effort.

There are various basis for Removal, also referred to as Deportation, or non-renewal of a visa by immigration authorities. A single conviction for shoplifting traditionally provided no issue as to Deportation, Removal or Non-Renewal but we are finding that this is not necessarily the situation for H1 & H4 visa holders these days. We recently had an individual held up by Homeland Security, Customs and/or INS, upon returning to New Jersey from oversees. The client had apparently pled guilty to shoplifting years prior and was now consulting us because their immigration status was in jeopardy because of the conviction. We were consulted for purposes of filing an application for Post-Conviction relief. The petition to vacate the shoplifting conviction is pending. The immigration status of our H4 client and her husband, a sponsored employee on a H1 visa, is at serious risk. It is unfortunate that cultural differences and a lack of knowledge concerning the NJ legal system often motivate immigrants to simply plead guilty and/or hire the cheapest lawyer they can find. Such a decision can have potentially disastrous consequences.  I am hoping we can overcome the poor decision of our client in this case and avoid Deportation.

By |2012-06-07T20:05:02+00:00June 7, 2012|Shoplifting|Comments Off on New Jersey Shoplifting Conviction Needs to be Avoided by a Visa Holder
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Heroin Possession Rises in New Jersey With Purity of Drug

The Star Ledger recently reported that NJ bears the accolade of having some of the purest heroin in the nation. The reason for the potency of the heroin relates to the ease to which heroin is smuggled into the state. Our various seaports and Newark International Airport apparently make for an enticing entry point for heroin. Insofar as the drug enters the country here, it is less apt to be cut thereby correlating into heroin that is, on average, 72% pure.

The frequency of Heroin Possession and Intent to Distribute charges seems to rise continuously at our criminal defense firm. This should probably be no surprise given the fact that the DEA reports that use of heroin is double the national average in New Jersey among young adults. We witness all walks of life being arrested for heroin offenses. This is a powerful and high addictive opiate for anyone who makes the decision to ingest it more than once. Thankfully, we can assist many defendants who have been charged with heroin related crimes before they reach the point of no return.

By |2012-06-07T20:05:02+00:00June 7, 2012|Heroin|Comments Off on Heroin Possession Rises in New Jersey With Purity of Drug
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Penalties for Assault Offenses

The potential penalties upon conviction for Simple Assault include up to six months in jail and/or probation, a fine of up to $1,000, a Victims of Crime Compensation Bureau Assessment of $50, a SNA of $75 and court costs. A domestic violence assessment also applies if the Simple Assault arises out of an incident of domestic violence.

The penalties for Aggravated Assault depend on the grade of offense charged. A Fourth Degree Aggravated Assault involves 0-18 months in jail. A Third Degree Aggravated Assault carries a maximum of 5 years of incarceration. And a Second Degree Aggravated Assault triggers 5 to 10 years of jail. The parole ineligibility under the No Early Release Act (“NERA”) also applies to any prison sentence imposed for aggravated assault. NERA mandates that an individual serve 85% of his term of imprisonment before being eligible for parole. The related maximum monetary penalties are $10,000, $15,000, and $150,000, respectively.
 

By |2012-06-07T20:05:01+00:00June 7, 2012|Assault|Comments Off on Penalties for Assault Offenses
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Types of Shoplifting Offenses

Types of “Shoplifting” under N.J.S.A. 2C:20-11

  1. Purposely taking possession of merchandise and attempting to carry it away;
  2. Concealing merchandise for the purpose of depriving the merchant of its value;
  3. Altering labeling in order to manipulate the value of the merchandise; and
  4. Under-ringing the value of merchandise.
By |2012-06-07T20:05:00+00:00June 7, 2012|Shoplifting|Comments Off on Types of Shoplifting Offenses
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NJ Simple Assault Law – N.J.S.A. 2C:12-1(a)

A person is guilty of Simple Assault if he:

  1. Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
  2. negligently causes bodily injury to another with a deadly weapon; or
  3. attempts by physical menace to put another in fear of imminent serious bodily injury.
By |2012-06-07T20:04:58+00:00June 7, 2012|Assault|Comments Off on NJ Simple Assault Law – N.J.S.A. 2C:12-1(a)
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NJ Aggravated Assault Law – N.J.S.A. 2C:12-1(b)

A person is guilty of Aggravated Assault if he:

  1. Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
  2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
  3. Recklessly causes bodily injury to another with a deadly weapon; or
  4. Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm…; or
  5. Commits a simple assault [on a law enforcement officer performing his duties, a fireman performing his duties, a first aid person performing his duties, a school board employ, a DYFS worker, or a Judge];
  6. Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. or
  7. Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
  8. Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1…; or
  9. Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or
  10. Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.
By |2012-06-07T20:04:58+00:00June 7, 2012|Aggravated Assault|Comments Off on NJ Aggravated Assault Law – N.J.S.A. 2C:12-1(b)
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NJ Robbery Charges Explained

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 (including threats), or attempts or inflicts serious bodily injury, a Robbery is a First Degree offense. Robbery is otherwise a Second Degree offense.

Punishment & Penalties. A second degree robbery is punishable in New Jersey by a period of imprisonment of 5-10 years in jail. A first degree robbery involves jail exposure of 10-20 years in jail. The No Early Release Act (NERA) also applies in either case. NERA mandates that an individual serve 85% of his prison term before he is eligible for parole.

By |2012-06-07T20:04:56+00:00June 7, 2012|Robbery|Comments Off on NJ Robbery Charges Explained
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Types of Prescription Drug Offenses

Possession Without a Valid Prescription: it is a Fourth Degree Crime under N.J.S.A. 2C:35-10.5(e)(2) to possess a pharmaceutical drug or medication without a valid prescription issued by a licensed physician.

Prescription Drug Fraud: in accordance with N.J.S.A. 2C:35-13 provides that it is a Third Degree Crime to acquire or obtain possession of prescription medication or drugs through misrepresentation, fraud, forgery, deception, or subterfuge.

Prescription Drug Forgery: an individual is guilty of a Third Degree Crime under N.J.S.A. 2C:21-1 if he or she “makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act or of a fictitious person, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.”

By |2012-06-07T20:04:56+00:00June 7, 2012|Prescription Drug|Comments Off on Types of Prescription Drug Offenses
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NJ Shoplifting Offenses Explained

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:

  1. It is a Disorderly Persons Offense where the value of the merchandise is $200 or less;
  2. It is a Fourth Degree Crime where the value of the merchandise is between $200 and $500;
  3. It is a Third Degree Crime where the value of the merchandise is between $500 and $75,000; and
  4. It is a Second Degree Crime where the value of the merchandise is in excess of $75,000.
By |2012-06-07T20:04:55+00:00June 7, 2012|Shoplifting|Comments Off on NJ Shoplifting Offenses Explained
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