How a New Jersey Violent Crimes Lawyer Can Help
A New Jersey violent crimes attorney benefits your case in many ways. No matter what type of violent crime you face, a guilty verdict might result in permanent consequences.
A criminal defense lawyer is beneficial to your case for many reasons.
They Have a Thorough Knowledge of the Law
Our violent crime attorneys have an in-depth understanding of how New Jersey violent crime laws work and what’s at stake. We understand your rights and are prepared to fight for your liberties at trial.
They Challenge the Evidence Against You
The state’s prosecuting attorney will need to prove your guilt beyond a reasonable doubt to obtain a conviction. Your criminal defense attorney will understand the evidence required to obtain a conviction in violent crime cases.
We will be prepared to discredit illegally obtained evidence, which could reduce or dismiss your charges altogether.
They Have Proven Experience at Trial
Our attorneys have extensive experience advocating for defendants’ freedoms at trial. When pretrial diversion programs are not an option, you need a powerful defense strategy to avoid a conviction. Your violent crimes attorney will help you determine How to best approach your defense strategy.
Experienced Lawyers for All Violent Crime Offenses
Under New Jersey law, there are many types of violent crimes you could be charged with. Some of the more common types of violent crimes our Jersey criminal lawyers handle include:
- Assault – We are prepared to handle multiple types of assault crimes, including simple assault, aggravated assault, assault by auto, and all other forms of assault under N.J.S.2C:12-1
- Domestic violence – Any type of physical violence against a current or former partner under N.J.S.2C:25-19
- Child abuse – Abuse, abandonment, cruelty, or neglect of a child under N.J.S.A. 9:6-1; N.J.S.A. 9:6-3
- Murder and homicide – Murder is the intentional killing of another human; homicide refers to any type of killing of another human, whether that be accidental, justifiable, or intentional under N.J.S.2C:11-2
- Terroristic threats – The threat of physical violence to terrorize someone or cause the evacuation of a building, public transportation system, or other place of assembly under N.J.S.2C:12-3
- Stalking – Anyone who knowingly or intentionally causes another person to fear for their own safety or that of another third party can be charged with stalking under N.J.S.2C:12-10
- Robbery – Under N.J.S.2C:15-1 person can be charged with robbery when they commit theft and another crime or threat of violence concurrently.
Penalties for New Jersey Violent Crimes
No matter what type of violent crime you have been charged with, the consequences could be severe. In New Jersey, crimes are not classified as misdemeanors or felonies like in other states. Instead, they are categorized as being disorderly persons offenses in the first, second, third, or fourth degree.
The penalties you could face for a violent crime conviction in New Jersey include:
- First-Degree Criminal Offense – fines as high as $200,000; 10 to 20-year prison sentence
- Second-Degree Criminal Offense – fines as high as $150,000; 5 to 10-year sentence
- Third-Degree Criminal Offense – fines as high as $15,000; 3 to 5-year prison sentence
- Fourth-Degree Criminal Offense – fines as high as $10,000; 18 months in jail
- Disorderly Persons Offense – fines as high as $1,000; 6 months in jail
- Petty Disorderly Persons Offense – fines as high as $500; 30 days in jail
Common Types of Violent Crime Penalties
With the wide range of offenses that fall under violent crimes, your penalties could range drastically.
Here are some consequences you could face for a conviction:
- Assault – Between 6 months and ten years in prison; fines anywhere from $1,000-$150,000.
- Domestic violence – Maximum of 20 years in prison; fines as high as $150,000.
- Child abuse – Up to 18 months in prison; fines as high as $10,000.
- Murder and homicide – Up to life in prison; fines as high as $200,000.
- Terroristic threats – Fines as high as $250,000; up to 10 years in prison.
- Stalking – Up to five years in prison and possibly a restraining order.
- Robbery – Up to 20 years in prison; fines up to $150,000.
Factors That Make Violent Crime Penalties Worse
Several aggravating factors could significantly impact your violent crime penalties in Monmouth County. These include:
- The violent crime being in proximity to a school, park, or other place where children frequent
- The victim suffering serious bodily injury or death
- The use of a deadly weapon
- Having a prior criminal history
Defense Options for Violent Crimes in Monmouth County
Presenting a powerful defense strategy is one of the best options if you hope to avoid the harsh penalties of a conviction.
Here are some defenses that may be available to you:
Lack of Probable Cause
Police must have probable cause to search your home, person, or property without a warrant. If they do not have this probable cause, any evidence obtained during their search and seizure could be tossed out at trial against you.
Mistaken Identity
Suppose eyewitnesses falsely identified you as the person who committed the crime, or there was a skewed lineup of suspects. In that case, arguing mistaken identity could result in the dismissal of the charges against you.
Flawed Test Results
When police fail to follow the proper chain of custody of evidence, labs make mistakes, or forensic evidence is otherwise handled improperly, your charges could get dropped.
Failure to Follow Due Process
Suppose law enforcement does not read you your Miranda Rights upon your arrest, or they attempt to question you without the presence of your attorney. This is known as a failure to follow due process. This could result in a not guilty verdict or the dismissal of the charges against you.
Violent Crime FAQ
Here are some of the most frequently asked questions we receive about violent crime offenses in New Jersey.
Can I Get a Plea Agreement for a Violent Crime in Monmouth County?
The state’s prosecuting attorney might be willing to work out a plea agreement in exchange for your guilty or no contest plea. However, you probably won’t be eligible for a pre-trial diversion program. Most pretrial programs require that the offense be a non-violent one.
Can a Violent Crime Conviction be Expunged in New Jersey?
Your eligibility for expungement will depend on the type of violent crime you were convicted of. For example, burglary convictions could get expunged. However, murder convictions will not qualify for expungement.