Victim of Robbery in Union County is Political Powerhouse

One of the more powerful political figures in NJ, Senator Raymond Lesniak, was the victim of a burglary two days ago.  The burglary escalated into a Robbery when the Senator encountered the intruders and was threatened unless he handed over all cash contained in his Elizabeth New Jersey home.  Lesniak resides in an upscale section of Elizabeth in the area of Kean University. 

The incident offers a practical illustration of both burglary and robbery.  N.J.S.A. 2C:18-2 defines a burglary in New Jersey as entry into a structure without a license or privilege. This offense is normally a third degree crime but becomes a second degree offense where the perpetrator inflicts or threatens to commit bodily harm to someone during the commission of the burglary.

Pursuant to N.J.S.A. 2C:15-1, Robbery is the use or threat to use force during the course of a theft. Robbery is a second degree crime but is enhanced to a first degree offense where a suspect attempts to kill, inflicts or attempts to inflict serious bodily injury, is armed, or where he threatens the immediate use of a deadly weapon. 

In the Lesniak theft case, one of the defendants threatened to "shoot him".  This fact would probably take an incident which would otherwise give rise to a Second Degree Burglary charge and escalate it to a First Degree Robbery case. These guys are in a heap of trouble if they are apprehended and even our Union County Criminal Defense Attorneys would have a hard time mitigate the situation. 

Monmouth County Burglary of a Church?

A story in the Asbury Park Press and Coast Star reported that a Manasquan man was arrested for burglary. The victim of the crime -- the First Baptist Church.  Say it ain't so!!!

Burglary is a common criminal offense in New Jersey.  It occurs whenever someone enters a dwelling or structure for purposes of committing some sort of crime.  The typically break-in is to perpetuate a theft.  In this instance, the defendant broke into a church to steal money and a computer.  The individual was obviously not of the best intelligence and, when interrogated for a subsequent incident, voluntarily confessed to the burglary as if the police already knew.  The defendant will be facing a Third Degree Burglary Offense in Monmouth County and is now exposed to up to five (5) years in jail.  I would suspect that little consideration shall be afforded this individual irrespective of the Judge presiding over the case at Monmouth County Superior Court, Freehold, NJ.

Although we have occasion to represent many individuals each year in New Jersey who find themselves charged with burglary, this one is deplorable.  I am as big an advocate as anyone when it comes to standing up for my clients but who robs a church?  

Sean Taylor Case and the Felony Murder Doctrine

The recent tragedy regarding the murder of Washington Redskins safety Sean Taylor concerns a legal principle known as the "Felony Murder Doctrine". In this case, there were four individuals involved in the burglary of Sean Taylor's Florida home. These are allegedly some of the same individuals who burglarized his house eight days earlier. During the commission of the burglary (the predicate felony), one of the defendants shot Sean Taylor in the leg. Sean Taylor died as a result of this gunshot wound. According to the felony murder rule, all the participants in the underlying felony are responsible for the murder of Sean Taylor. This is a first degree murder charge even though the murder was not premeditated. Some of the predicate felonies to the felony murder doctrine are burglary, arson, rape, robbery, and kidnapping. If a murder occurs during the commission of any of these underlying crimes, all of the perpretrators involved (even if they did not do the shooting themselves) are charged with first degree murder. Therefore, in the Sean Taylor case, all four burglars are responsible for the death of Sean Taylor and will be charged with first degree murder. They are most likely facing life in prison rather than the death penalty because the shooter was a 17 year old juvenile.

On another note, how does ESPN get away with making up words as they go along? While watching Sportscenter the other night ESPN flashed a story on the bottom line saying that "the four individuals involved in the death of Sean Taylor have been charged with unpremeditated murder". Unpremeditated? That is not a word. Something is either premeditated or it is not....unpremeditated is a double negative.