Category Archives: Crimes

Contempt, 2C:29-9

Contempt, 2C:29-9

a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.

 b. Except as provided below, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.  In all other cases a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of this act or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.  Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.

 As used in this subsection, “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Bail jumping, 2C:29-7

Bail jumping, 2C:29-7
    A person set at liberty by court order, with or without bail, or who has been issued a summons, upon condition that he will subsequently appear at a specified time and place in connection with any offense or any violation of law  punishable by a period of incarceration, commits an offense if, without lawful  excuse, he fails to appear at that time and place.  It is an affirmative  defense for the defendant to prove, by a preponderance of evidence, that he did  not knowingly fail to appear.  The offense constitutes a crime of the third  degree where the required appearance was to answer to a charge of a crime of  the third degree or greater, or for disposition of any such charge and the  actor took flight or went into hiding to avoid apprehension, trial or  punishment.  The offense constitutes a crime of the fourth degree where the  required appearance was otherwise to answer to a charge of crime or for  disposition of such charge.  The offense constitutes a disorderly persons  offense or a petty disorderly persons offense, respectively, when the required appearance was to answer a charge of such an offense or for disposition of any  such charge.  Where the bail imposed or summons issued is in connection with  any other violation of law, the failure to appear shall be a disorderly persons  offense.

    This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.  Nothing herein shall interfere with or prevent the exercise by any court of this State of its power to punish for contempt.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Implements for escape; other contraband, 2C:29-6.

Implements for escape;  other contraband, 2C:29-6. 
      a.  Escape implements.    (1) A person commits an offense if he knowingly  and unlawfully introduces within an institution for commitment of persons under  N.J.S. 2C:4-8 or a detention facility, or knowingly and unlawfully provides an  inmate with any weapon, tool, instrument, document or other thing which may be  useful for escape.  The offense is a crime of the second degree and shall be  punished by a minimum term of imprisonment, which shall be fixed at no less  than three years if the item is a weapon as defined by N.J.S. 2C:39-1(r).   Otherwise it is a crime of the third degree.

    (2) An inmate of an institution or facility defined by paragraph (1) of subsection a. of this section commits an offense if he knowingly and unlawfully  procures, makes, or otherwise provides himself with, or has in his possession,  any such implement of escape.  The offense is a crime of the second degree and  shall be punished by a minimum term of imprisonment, which shall be fixed at no  less than three years if the item is a weapon as defined by N.J.S. 2C:39-1(r).   Otherwise it is a crime of the third degree.

     “Unlawfully”  means surreptitiously or contrary to law, regulation or order  of the detaining authority.

      b.  Other contraband.    A person commits a petty disorderly persons offense if he provides an inmate with any other thing which the actor knows or should know it is unlawful for the inmate to possess.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Escape, 2C:29-5

Escape, 2C:29-5

a.  Escape.  A person commits an offense if he without lawful authority removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.  “Official detention” means arrest, detention in any facility for custody of persons under charge or conviction of a crime or offense, or committed pursuant to chapter 4 of this Title, or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes; but “official detention” does not include supervision of probation or parole, or constraint incidental to release on bail. 

b.   Absconding from parole. A person subject to parole commits a crime of the third degree if the person goes into hiding or leaves the State with a purpose of avoiding supervision. As used in this subsection, “parole” includes participation in the Intensive Supervision Program (ISP) established pursuant to the Rules Governing the Courts of the State of New Jersey. Abandoning a place of residence without the prior permission of or notice to the appropriate supervising authority shall constitute prima facie evidence that the person intended to avoid such supervision. 

c.   Permitting or facilitating escape.  A public servant concerned in detention commits an offense if he knowingly or recklessly permits an escape. Any person who knowingly causes or facilitates an escape commits an offense. 

d.   Effect of legal irregularity in detention.  Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, shall not be a defense to prosecution under this section if the escape is from a prison or other custodial facility or from detention pursuant to commitment by official proceedings. In the case of other detentions, irregularity or lack of jurisdiction shall be a defense only if: 

    (1)  The escape involved no substantial risk of harm to the person or property of anyone other than the detainee; or 

    (2)  The detaining authority did not act in good faith under color of law. 

    e.   Grading of offenses.  An offense under subsection a. or c. of this section is a crime of the second degree where the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape. Otherwise it is a crime of the third degree.

Hindering Apprehension or Prosecution, 2C:29-3

 

Hindering Apprehension or Prosecution, 2C:29-3
 a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

 (1) Harbors or conceals the other;

 (2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

 (3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

 (4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

 (5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

 (6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

 (7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

 The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, parent or child of the person aided, in which case the offense is a crime of the fourth degree.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

 b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

 (1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

 (2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or
 (3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

 (4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

 The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Eluding officer, 2C:29-2b

Eluding officer, 2C:29-2b
 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.

Resisting arrest, 2C:29-2a

New Jersey Resisting Arrest Lawyer, 2C:29-2a

Resisting arrest, 2C:29-2a 
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.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today at 732-773-2768.

Obstruction, 2C:29-1

Obstructiong Administration of Law or Other Governmental Function, 2C:29-1  (Obstruction)
 a.  A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

 b. An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Possession of certain prescription drugs, 2C:35-24

In New Jersey drug crimes are common, but serious.  The attorneys you select to fight for you may be the difference between a great outcome and disaster.  Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!
2C:35-24. Possession of certain prescription drugs
A person who possesses a controlled dangerous substance that was prescribed or dispensed lawfully may possess it only in the container in which it was dispensed; except that the person may possess no more than a 10-day supply in other than the original container if the person produces, upon the request of a law enforcement officer, the name and address of the practitioner who prescribed the substance or the pharmacist who dispensed it. A person who violates this section is a disorderly person.
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey.  With eight offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!

Possession of Drug Paraphernalia, 2C:36-2

In New Jersey drug crimes are common, but serious.  The attorneys you select to fight for you may be the difference between a great outcome and disaster.  Our team of tough, smart attorneys have a long track record of getting great results for our clients. Regardless of the specific drug charge, circumstances or the location of the court, our New Jersey CDS attorneys will fight for you to achieve the results you want for you and your family!

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 or controlled substance analog in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense. L. 1987, c. 106, s. 2. 2C:36-3. Distribute, dispense or possession with intent to distribute or manufacture, crime of fourth degree It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug paraphernalia, knowing that it will be used 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 or controlled substance analog in violation of the provisions of chapter 35 of this title. Any person who violates this section commits a crime of the fourth degree. L. 1987, c. 106, s. 2.
From Newark to Trenton, Jersey City to Atlantic City, our CDS Possession and Drug Distribution defense lawyers will fight for you in any court in New Jersey.  With offices in New Jersey, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your charges!

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