Articles: Criminal Defense
DUI vs DWI New Jersey

DUI vs DWI New Jersey

  New Jersey does not recognize a distinction between DUI (Driving Under the Influence) vs DWI (Driving While Intoxicated). Both terms are used interchangeably to describe the offense of operating a vehicle under the influence of alcohol or drugs. This uniform approach to DUI and DWI is codified in the state’s governing statute, N.J.S.A. 39:4-50. This key legislation plays a crucial role in defining the parameters of these offenses, setting the stage for how they are prosecuted and what...

Possession Related Arrest in NJ

Possession Related Arrest in NJ

  A drug possession related arrest in NJ are both complex and strict, focusing on unauthorized control of controlled substances, including both illicit drugs and prescription medications without a valid prescription. The state classifies drugs into schedules I to V, with Schedule I drugs viewed as the most serious due to high abuse potential and no medical use, impacting the severity of charges. These laws aim not just to punish but also to address wider social and health challenges...

Property Crimes in NJ

Property Crimes in NJ

  Property crimes in NJ, including theft, burglary, vandalism, and arson, have a significant impact on individuals and communities, carrying diverse legal consequences and societal effects. This article aims to comprehensively explore these crimes, detailing their legal implications, offense degrees, penalties, and recent trends within the state. Essential for both legal professionals and the general public, it provides insights into the complexities of New Jersey's criminal justice...

Criminal Mischief in NJ

Criminal Mischief in NJ

  Criminal mischief in NJ, primarily recognized as vandalism or property damage, encompasses a wide range of behaviors including graffiti and destruction of tangible property. Defined legally under New Jersey Statute 2C:17-3, this article aims to dissect the complexities of criminal mischief, providing an understanding of its legal framework for those affected, legal professionals, and the general public. It explores the varying degrees of criminal mischief, corresponding penalties,...

Aggravated Assault in New Jersey: What You Need to Know

Aggravated Assault in New Jersey: What You Need to Know

  In New Jersey, assault is categorized into simple and aggravated assault, with the latter carrying more serious legal consequences as outlined in Statute N.J.S.A. 2C:12-1(b). Simple assault involves minor injuries or threats, whereas aggravated assault involves intentional serious bodily harm, use of a deadly weapon, and the assailant's intentional, reckless, or purposeful state of mind. Aggravated assault is treated as an indictable offense, akin to a felony, reflecting its greater...

Theft by Deception In New Jersey: N.J.S.A. 2C:20-4 In Depth

Theft by Deception In New Jersey: N.J.S.A. 2C:20-4 In Depth

  Theft by deception in New Jersey is a major criminal offense outlined under N.J.S.A. 2C:20-4, focusing on illegally obtaining property through deceit. This statute is key for distinguishing theft by deception from other theft crimes and is vital for legal professionals, defendants, and victims. It specifies the elements required for conviction and guides legal proceedings in this area. This article aims to explain the statute's components and their real-world implications, providing...

Hit and Run New Jersey: What to Know

Hit and Run New Jersey: What to Know

  A hit and run in New Jersey, as outlined in the NJSA Motor Vehicles and Traffic Regulations, is when drivers involved in any accident fail to stop at the scene. This applies regardless of the accident's severity, whether it involves damage to a vehicle, property, or person. If only property is damaged, the driver must provide personal details to the owner, either directly or via a note. In cases of personal injury or fatality, the driver must offer reasonable assistance, including...

2C:29-2 – Resisting Arrest Charge in New Jersey

2C:29-2 – Resisting Arrest Charge in New Jersey

  The act of receiving a resisting arrest charge in New Jersey should be handled with extreme care. Whether it's a mere complaint, a formal charge, or a summons, understanding the nuances of what constitutes resisting arrest is crucial for anyone navigating the legal processes of the state. Nature of the Complaint When a person is accused of resisting arrest, a complaint is typically the initial step taken by law enforcement. This complaint outlines the specific actions or behaviors that...

What is the Open Container Law in NJ?

What is the Open Container Law in NJ?

  What is the open container law in New Jersey? The primary objective of the Open Container Law in New Jersey is to deter drivers and passengers from consuming alcohol while in a vehicle, thereby reducing the risks associated with impaired driving. By defining what constitutes an "open container" and setting forth the penalties for violations, New Jersey aims to minimize the number of DUI incidents, ensuring safer roads for all. In the state of New Jersey, the Open Container Law stands as...

Petty Disorderly Person Offense NJ – Penalties, Charges, and Laws

Petty Disorderly Person Offense NJ – Penalties, Charges, and Laws

  In the legal landscape of New Jersey, offenses are categorized based on their severity, with one of the lesser categories being the Petty Disorderly Persons offense. Unlike more severe criminal charges, a Petty Disorderly Persons offense is considered a minor violation. However, it's essential to note that even though it's deemed minor, it still carries legal consequences and can impact an individual's record. New Jersey Law on Petty Disorderly Persons Offense According to New Jersey...

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