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New Jersey Resisting Arrest / Eluding Arrest Lawyer (5 Star Client Reviews)

New Jersey Resisting Arrest and Eluding Arrest Lawyer

NEW JERSEY RESISTING ARREST / ELUDING ARREST LAWYER

In New Jersey, resisting arrest and eluding the police are serious criminal offenses.  A conviction for resisting arrest or eluding police may serious prison time in addition to fines, community service and other penalties.  It is important for anyone charged with eluding or resisting arrest in New Jersey to consult with an experienced New Jersey Resisting Arrest & Eluding Arrest Lawyer. 

Free Consultations Available – (908) 358-2938

The Sloan Law Firm handles resisting arrest, eluding a police officer and other criminal offenses occurring in New Jersey.  For a free initial consultation, call (908) 358-2938.

N.J.S.A. 2C:29-2. Resisting arrest, eluding officer

a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:

(a)Uses or threatens to use physical force or violence against the law enforcement officer or another; or

(b)Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.

b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

In the case of a person who is at the time of the imposition of sentence less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.

Upon conviction the court shall collect forthwith the New Jersey driver’s licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel, whichever is appropriate, during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. If the person is the holder of a driver’s or vessel operator’s license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person’s non-resident driving or vessel operating privileges, whichever is appropriate, in this State.

For the purposes of this subsection, it shall be a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense.

Free Consultations Available – Call (908) 358-2938

The Sloan Law Firm provides aggressive and experienced legal defense to anyone charged with resisting arrest, eluding a police officer and other criminal offenses in New Jersey.  If you or a loved one have been charged with these offenses and would like to discuss the charge with a New Jersey Criminal Lawyer, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938.  The initial consultation is always free.  We are available 24/7.

Areas served:

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New Jersey Theft Lawyer (5 Star Client Reviews)

New Jersey Theft Lawyer

NEW JERSEY THEFT LAWYER

In New Jersey, anyone convicted of theft will be subject to hefty fines, community service and even jail.  The severity of the offense is generally determined by the value of the stolen property.   Therefore, it is important for any charged with theft in New Jersey to consult with an experienced New Jersey Theft Lawyer.  The Sloan Law Firm handles theft charges Union County, Morris County, Middlesex County, Monmouth County, Essex County, Somerset County and throughout New Jersey.  The firm offers free initial consultations on all theft offense cases.

FREE CONSULTATIONS AVAILABLE – (908) 358-2938

New Jersey Thefts Laws

N.J.S.A. 2C:20-3. Theft by unlawful taking or disposition

a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.

N.J.S.A. 2C:20-4. Theft by deception

A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:

a.  Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;

b. Prevents another from acquiring information which would affect his judgment of a transaction; or

c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.

The term “deceive” does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

N.J.S.A. 2C:20-5. Theft by extortion

A person is guilty of theft by extortion if he purposely and unlawfully obtains property of another by extortion. A person extorts if he purposely threatens to:

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.

New Jersey Theft Lawyer – (908) 358-2938

The Sloan Law Firm provides aggressive and experienced legal to defense to anyone charged with theft in New Jersey.  If you or a loved one have been charged with theft and would like to discuss the charge with a New Jersey Theft lawyer, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938.  The initial consultation is always free.  We are available 24/7.

Areas served:

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Drug Charge Lawyer Morris County NJ (5 Star Client Reviews)

Drug Charge Lawyer Morris County NJ

DRUG CHARGE LAWYER MORRIS COUNTY NJ

Unfortunately, drug charges are not uncommon in Morris County, New Jersey as a result of people getting hooked on them.  Drug charges can have a tremendous impact on the lives of those facing indictment.  The penalties can include fines, probation, community service and jail.  Common CDS charges in Morris County, NJ include unlawful possession of: Oxycodone, Oxycontin, Ritalin, Xanax, Marijuana, Cocaine, Ecstacy, LSD, PCP, Methadone, Heroin and Methamphetamines. Many times, those charged with drug possession are also charged with possession of drug paraphernalia.  A drug paraphernalia offense is also a serious offense with penalties that may include: fines, probation, community service and jail.  Drug charges arising out of Morris County are serious and, therefore, it is important for anyone charged with drug possession or drug paraphernalia to consult with a Morris County NJ Drug Charge Lawyer. 

Drug Charge Lawyer Morris County, NJ – Call (908) 358-2938

The Sloan Law Firm handles drug cases in Morris County and throughout New Jersey.  Attorney Daniel Sloan has years of experience handling drug charges Morris County and throughout New Jersey.  There are several legal defenses available to those charged with a drug offense, such as: an improper search, a failure to obtain a warrant, the motor vehicle stop was unreasonable and more.  The Sloan Law Firm will explore all of these defenses and more in order to obtain the best possible result for the client.  In the event that the police did everything correctly, our firm will fight to enter the client into a diversionary program such as Pre-Trial Intervention (“PTI”), Conditional Discharge or Drug Court in order to avoid a criminal conviction.  The Sloan Law Firm offers aggressive and experienced legal services to anyone charged with a drug offense in Morris County, New Jersey.

Free Consultations Available For Morris County Drug Charges – Call (908) 358-2938

Drug Charge Lawyer Morris County NJ
THE SLOAN LAW FIRM

Possession of CDS in Morris County, NJ

2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

  • A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
  • Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
  • Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
  • Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly persons offense.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly persons offense.

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

Drug Paraphernalia in Morris County, NJ

2C:36-2. Use or possession with intent to use, disorderly persons offense.

It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.

Morris County Drug Charge Lawyer – Free Consultations Available

If you or a loved one has been charged in Morris County with drug paraphernalia or a drug possession offense such as oxycodone, oxycontin, Ritalin, Xanax, marijuana, cocaine, ecstasy, LSD, PCP, methadone, heroin and amphetamines, the Sloan Law Firm may be able to assist you.  For a free consultation, please do not contact the firm at: (908) 358-2938. 

Penalties for Drug Possession in Morris County, NJ

Possession of Marijuana/Drug Paraphernalia

  • Jail/Prison for 18 Months
  • Fines ranging from $500-$15,000
  • Potential Loss of Driver’s License
  • Probation
  • Community Service

Possession of Narcotics or Controlled Substances (oxycodone, oxycontin, Ritalin, Xanax, marijuana, cocaine, ecstasy, LSD, PCP, methadone, heroin and amphetamines)

  • Jail/Prison for 3-5 years
  • Fines ranging from $1,000-$25,000
  • Potential Loss of Driver’s License
  • Probation
  • Community Service

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Drug Charge Lawyer Union County NJ (5 Star Client Reviews)

Drug Charge Lawyer Union County NJ

Drug Charge Lawyer Union County NJ

Unfortunately, drug charges are not uncommon in Union County, New Jersey as a result of people getting hooked on them.  Drug charges can have a tremendous impact on the lives of those facing indictment.  The penalties can include fines, probation, community service and jail.  Common drug charges in Union County, NJ include unlawful possession of: oxycodone, oxycontin, Ritalin, Xanax, Marijuana, Cocaine, Ecstacy, LSD, PCP, Methadone, Heroin and Methamphetamines. Many times, those charged with drug possession are also charged with possession of drug paraphernalia.  A drug paraphernalia offense is also a serious offense with penalties that may include: fines, probation, community service and jail.  Drug charges arising out of Union County are serious and, therefore, it is important for anyone charged with drug possession or drug paraphernalia to consult with a Union County NJ Drug Charge Lawyer. 

Drug Charge Lawyer Union County, NJ – Call (908) 358-2938

The Sloan Law Firm handles drug cases in Union County and throughout New Jersey.  Attorney Daniel Sloan has years of experience handling drug charges Union County and throughout New Jersey.  There are several legal defenses available to those charged with a drug offense, such as: an improper search, a failure to obtain a warrant, the motor vehicle stop was unreasonable and more.  The Sloan Law Firm will explore all of these defenses and more in order to obtain the best possible result for the client.  In the event that the police did everything correctly, our firm will fight to enter the client into a diversionary program such as Pre-Trial Intervention (“PTI”), Conditional Discharge or Drug Court in order to avoid a criminal conviction.  The Sloan Law Firm offers aggressive and experienced legal services to anyone charged with a drug offense in Union County, New Jersey.

Free Consultations Available For Union County Drug Charges – Call (908) 358-2938

Drug Charge Lawyer Union County NJ
THE SLOAN LAW FIRM

Drug Possession in Union County, NJ

2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

  • A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
  • Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
  • Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
  • Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly persons offense.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly persons offense.

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

Drug Paraphernalia in Union County, NJ

2C:36-2. Use or possession with intent to use, disorderly persons offense.

It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.

Union County Drug Charge Lawyer – Free Consultations Available

If you or a loved one has been charged with drug paraphernalia or a drug possession offense such as oxycodone, oxycontin, Ritalin, Xanax, marijuana, cocaine, ecstasy, LSD, PCP, methadone, heroin and amphetamines, the Sloan Law Firm may be able to assist you.  For a free consultation, please do not contact the firm at: (908) 358-2938. 

Penalties for Drug Possession in Union County, NJ

Possession of Marijuana/Drug Paraphernalia

  • Jail/Prison for 18 Months
  • Fines ranging from $500-$15,000
  • Potential Loss of Driver’s License
  • Probation
  • Community Service

Possession of Narcotics/Controlled Substances (oxycodone, oxycontin, Ritalin, Xanax, marijuana, cocaine, ecstasy, LSD, PCP, methadone, heroin and amphetamines)

  • Jail/Prison for 3-5 years
  • Fines ranging from $1,000-$25,000
  • Potential Loss of Driver’s License
  • Probation
  • Community Service

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New Jersey Restraining Orders Lawyer

New Jersey Restraining Order Lawyer

NEW JERSEY RESTRAINING ORDER LAW

What is a Restraining Order?

In broad terms, a restraining order is simply a court order prohibiting contact and/or communication by another party with the person seeking the order.  It is designed to protect against domestic violence.   

There are two types of retraining orders in New Jersey: a temporary restraining order (“TRO”) and a final restraining order (“FRO”). 

TEMPORARY RESTRAINING ORDERS

Temporary restraining orders are not handled by a New Jersey criminal court.  Instead, they are filed in Family Court.  In order to obtain a TRO in New Jersey, the person seeking the order must have standing.  In order to have standing, the person seeking the TRO must fall into one of the following categories:

  • The parties were in a dating relationship at some point;
  • The parties resided together at some point; OR,
  • The parties have a child together.

Those that have standing to file a TRO may then obtain the order if the following factors are presented to the Family Court:

  1. An act of domestic violence has occurred – Acts of domestic violence are crimes; including: assault, harassment, stalking, terroristic threats, and more.   
  2. Prior history of domestic violence – Many times, a victim must show that there have been previous acts of domestic violence to show the court that there is a course of conduct. However, there are exceptions. When the act that resulted in the filing of the TRO is particularly egregious, the court may decide to issue the TRO
  3. The TRO is necessary to protect the victim – This means that a reasonable person in the same situation would be in fear of his or her safety.

Whenever these factors are show, the court may grant a TRO. 

FINAL RESTRAINING ORDERS

After the TRO has been issued, a hearing will be conducted in Family Court in order to determine whether the TRO should become final.  Whereas a TRO can be issued largely upon allegations, the Final Restraining Order hearing requires proof.  The allegations must be proven by a preponderance of evidence.  At the hearing, the person who filed the TRO will testify and provide evidence of the domestic violence offense.  Afterwards, the person against whom the TRO has been filed can testify and provide evidence rebutting the allegations.  The judge can question the witnesses and the parties may cross-examine each other during the proceeding.  After the evidence has been submitted to the court, the judge will agree to issue the FRO or deny it.

How to Dismiss a Restraining Order in NJ

If the judge grants the FRO, the party against whom the FRO was sought faces permanent restrictions on his or her life.  FROs can only be removed if the alleged victim or a court decides to remove it by way of a motion to vacate the restraining order in New Jersey. Therefore, FRO hearings must not betaken lightly.

Violating A Restraining Order

A violation of a domestic violence restraining order is a criminal offense and can result in serious consequences, including jail. 

If you have a question or a pending TRO/FRO hearing and would like to speak with a New Jersey criminal attorney, do not hesitate to contact The Sloan Law Firm at: (908) 358-2938 or by email: dsloan@sloanlawfirmnj.com

Thank you for reading. 

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New Jersey Underage Drinking Lawyer

New Jersey Underage Drinking Lawyer

WHAT TO DO IF YOUR CHILD HAS BEEN CHARGED WITH UNDERAGE DRINKING IN NEW JERSEY

In New Jersey, the drinking age is 21. Every year municipal courts around New Jersey are overflowing with teenagers charged with an underage drinking offense, particularly at the jersey shore town. New Jersey beach towns have seen a huge increase in underage drinking cases.

The two most common underage drinking laws handled in municipal court are: N.J.S.A. 2C:33-15 (possession of alcohol under 21 ticket in NJ) and N.J.S.A. 39:4-50.14 (underage drinking and driving). The specific statutory language for both laws can be found below.

UNDERAGE DRINKING

N.J.S.A. 2C:33-15 is a criminal statute. Under N.J.S.A. 2C:33-15, those under the age of 21 that knowingly consume alcohol are in violation of the law. A conviction under this law will result in a criminal record and subject your child to penalties. These penalties for possession of alcohol under 21 may include an alcohol education program, 6 months in the county jail and a fine up to $1,000.00. Also, it may have a negative impact on college admissions and future job prospects.

UNDERAGE DRINKING AND DRIVING

N.J.S.A. 39:4-50.14 is a traffic law. Under N.J.S.A. 39:4-50.14, those under the age of 21 possessing a blood alcohol level of 0.01% or more (but less than 0.08%) are in violation of New Jersey’s underage drinking and driving laws. A conviction under N.J.S.A. 39:4-50.14 will NOT result in a criminal record because it is a traffic offense. However, traffic infractions stay on your child’s record for life whereas criminal offenses can sometimes be expunged. Those convicted of underage drinking and driving face community service, fines of $500 or more, an alcohol education program and a driving privilege suspension for a period of 6 months.

What to do if your child has been charge with an underage drinking offense?

Consider speaking with a New Jersey criminal defense lawyer. Many times, the initial consultation is free so you have nothing to lose by doing so. An experienced New Jersey criminal defense lawyer may be able to mitigate the situation by getting the charges downgraded or dismissed altogether depending on the specific facts of the case.

Underage Drinking Statutes

N.J.S.A. 2C:33-15 (Possession, consumption of alcoholic beverages by persons under legal age; penalty

a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.

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N.J.S.A. 39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol.

1.Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.

In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.

The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other law.

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New Jersey DUI/ DWI Checkpoints Law

New Jersey DUI Checkpoint Lawyer

New Jersey DUI/DWI Checkpoints Law

Every year around the holidays, there are some New Jersey police departments that set up DUI Checkpoints. DUI Checkpoints are designed to protect the public against drunk drivers.  However, it should be noted that other traffic tickets can be issued as well.  Traffic tickets such as failure to exhibit a driver’s license, tinted windows, unclear plates and/or no registration can be issued at DUI Checkpoints.   

WHAT HAPPENS AT A DUI CHECKPOINT?

When arriving at a DUI Checkpoint, a driver can expect the police to ask for a driver’s license and proof of registration.  If, at that time, the police officer believes that the driver is exhibiting signs of impairment due to alcohol (or drugs),then the police officer will likely ask the driver to complete a field sobriety test.  Impairment signs may include: bloodshot eyes, slurred speech, difficulty with or fumbling around with the registration card or a driver’s license, and/or the smell of alcohol emanating from the vehicle.  A driver has the right to refuse a field sobriety test. However, if the police have reason to believe that the driver is impaired by alcohol or drugs, an arrest for DUI will probably occur regardless of a field sobriety test.  After an arrest is made, the driver will be required to undergo a breathalyzer test at the police station. 

IS DRIVING AROUND A DUI CHECKPOINT PERMITTED?

Believe it or not, this is allowed.  However, a driver attempting to avoid the DUI Checkpoint must not violate any traffic law. In addition, a driver attempting to avoid a DUI Checkpoint must not show any signs of impairment in doing so. 

If you have any further questions regarding DUI Checkpoints in New Jersey, do not hesitate to contact me at: dsloan@sloanlawfirmnj.com or visit my website at: https://sloanlawfirmnj.com. 

Thank you for reading. 

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Shoplifting in New Jersey – Different From Other Misdemeanors

New Jersey Shoplifting Lawyer

Shoplifting in New Jersey – Different From Other Misdemeanors

Shopping is very popular in New Jersey.  It is so popular that residents from other states are bussed into New Jersey just to visit malls like Jersey Gardens, Short Hills Mall, Menlo Park, Woodbridge Center, Willowbrook Mall and Westfield Garden Plaza. Unfortunately, anywhere there is shopping, there is shoplifting.

Where Are Shoplifting Charges Handled In New Jersey?

In addition to traffic tickets, Municipal Courts throughout New Jersey handle a variety of disorderly and petty disorderly offenses – sometimes referred to as misdemeanors.  Disorderly persons offenses include things like marijuana possession, harassment, simple assault, drug paraphernalia, disorderly conduct, underage drinking and shoplifting in New Jersey.

The penalty for a standard disorderly persons first offense is a $1,000 fine (maximum) and up to six (6) months in jail.  The penalty for the typical petty disorderly persons offense is a $500 fine (maximum) and up to thirty (30) days in jail.  There is a loss of license for some of the drug offenses as well.

Although they have the discretion, most municipal court judges are reluctant to put an individual in jail for either a disorderly or petty disorderly persons offense conviction especially if it is a first offense.  Usually, jail is reserved for repeat offenders.  Most of the time a person convicted of a misdemeanor in municipal court is issued a fine and possibly probation.

New Jersey Shoplifting Attorney

How Is Shoplifting Different From Other Misdemeanors?

For shoplifting convictions, a municipal court judge’s hands are tied.  The New Jersey Legislature removed the municipal court’s discretion for certain shoplifting convictions.  Anyone convicted of a third or subsequent offense for shoplifting is subject to a mandatory ninety (90) days in jail.  So, if you, for example, removed a shopping cart from a store’s premises and the police believed you did so to permanently deprive the store owner of it and you had two prior shoplifting convictions on your record, you are going to jail if you are convicted.  The judge has no discretion.

The prospect of going to jail for a municipal court offense is not a very nice thought.  Anyone charged with shoplifting in New Jersey should consult with a criminal defense attorney even if it is not the third offense.  You do not want any shoplifting convictions on your record because you may one day be falsely accused of shoplifting with the possibility of facing three months in jail.

NJ Shoplifting Lawyer

The Sloan Law Firm handles shoplifting offenses throughout New Jersey.  The firm will force the store to produce video evidence of the alleged shoplifting; otherwise, a motion to dismiss the case may be filed on behalf of the client.  If you or a loved one are facing shoplifting charges, it is important to discuss your case with a New Jersey Shoplifting Lawyer.  The Sloan Law Firm is available for consultation about any shoplifting matter at: (908) 358-2938.

NJ Shoplifting Attorney

New Jersey Shoplifting Laws and Statute

a. Definitions. The following definitions apply to this section:

“Shopping cart” means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store;

“Store or other retail mercantile establishment” means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;

“Merchandise” means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;

“Merchant” means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;

“Person” means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;

“Conceal” means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;

“Full retail value” means the merchant’s stated or advertised price of the merchandise;

“Premises of a store or retail mercantile establishment” means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment;

“Under-ring” means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;

“Antishoplifting or inventory control device countermeasure” means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device;

“Organized retail theft enterprise” means any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise.

b. Shoplifting. Shoplifting shall consist of any one or more of the following acts:

For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

c. Gradation.

Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.

Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.

Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.

Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.

The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.

Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

e. A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.

Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.

A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.

f. Any person who possesses or uses any anti-shoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offens

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Federal Agents Raid Law Office of Trump Attorney

North Plainfield NJ Criminal Defense Lawyer

Federal Agents Raid Law Office of Trump Attorney

Federal agents raided Trump attorney Michael Cohen’s office and seized material related to an investigation.  The federal agents’ raid raises questions of attorney-client privilege for New Jersey criminal defense attorneys.   Attorney-Client privilege applies to any information discussed between a lawyer and his or her client that is relevant to a case .  The privilege belongs to the client, not the lawyer.  As a result of the attorney-client privilege, a lawyer cannot disclose or be compelled to disclose such discussions to third parties.

Courts have declared that the fact of an attorney-client relationship itself need not always remain privileged information (National Union Fire Insurance Co. of Pittsburgh v. Aetna Casualty & Surety Co., 384 F.2d 316 [5th Cir. 1967]); the privilege may be upheld, however, if the very existence of an attorney-client relationship could prove to be incriminating to the client (In re Michaelson, 511 F.2d 882 [9th Cir. 1975], cert. denied, 421 U.S. 978, 95 S. Ct. 1979, 44 L. Ed. 2d 469 [1975]). The attorney-client privilege does not always protect the client’s name or the amount paid to an attorney (Wirtzv. Fowler, 372 F.2d 315 [5th Cir. 1966]). Further, the attorney’s perception of the client’s mental competency will not always be protected (United States v. Kendrick, 331 F.2d 110 [4th Cir. 1964] [holding that attorney’s testimony that client was responsive, and logical in conversation and reasoning, and that he understood that the proceedings, did not address confidential matters]).

In addition, the crime-fraud exception can render the privilege moot when communications between an attorney and client are themselves used to further a crime or fraud. In Clark v. United States, the Supreme Court stated that “A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from the law. He must let the truth be told.” The crime-fraud exception also requires that the crime or fraud discussed between client and attorney be carried out in order to be triggered.

If you have been charged with a criminal offense and would like to speak with a New Jersey criminal defense attorney to explore your legal options, you can reach the Sloan Law Firm at: (908) 358-2938.

FREE CONSULTATIONS AVAILABLE – (908) 358-2938

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New Jersey Assault Law

New Jersey Assault Law

New Jersey Assault Law

2C:12-1 Assault.

2C:12-1. Assault. a. Simple assault. A person is guilty of 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.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

b.Aggravated assault. 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, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5)Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a)Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b)Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

(c)Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d)Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e)Any employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f)Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g)Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or

(h)Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i)Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or

(j)Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or

(k)Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or

(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. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a 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 which resulted in bodily injury to another person; 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 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this subsection, “emergency services personnel” shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; 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 v. 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; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under subsection b.(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under subsection b. (11) is a crime of the third degree.

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.

(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(4)Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results. For purposes of this paragraph, “driving a vehicle in an aggressive manner” shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

As used in this section, “vessel” means a means of conveyance for travel on water and propelled otherwise than by muscular power.

d.A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

e.(Deleted by amendment, P.L.2001, c.443).

f.A person who commits a simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this act, “school or community sponsored youth sports event” means a competition, practice or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.

The Sloan Law Firm

FREE CONSULTATIONS AVAILABLE – (908) 358-2938

If you or a loved one was charged with simple assault in New Jersey, do not hesitate to contact The Sloan Law Firm to explore all of the available legal options. The initial consultation is always free.