New Jersey Criminal Defense Law Blog : New Jersey Criminal Defense Lawyer & Attorney : John Marshall Law Firm : Drug Crimes, Domestic Violence : Monmouth, Middlesex & Union Counties

I have posted many times on the subject of Assault by Auto in DWI cases. Many individuals may think that these types of charges only effect "problem" individuals. This interpretation could not be more off base and, if you read the StarLedger recently, you would have witnessed this first hand. In this regard, a 55 year old woman from Westfield, who never had any problems with the law previously, struck a pedestrian in the parking lot of Lord & Taylor. It later turned out that this driver was driving while intoxicated.

The suspect in this case was originally issued several motor vehicle summonses. Further investigation apparently substantiated probable cause to issue indictable felony charges. As a result, the motorist was arrested this week on a charge of Aggravated Assault. This offense can be very serious and even includes a grade of Second Degree where injuries are serious enough. I would suspect that this charge is Third Degree based on the facts and the bail amount of $20,000, which is in the range of a Third Degree Aggravated Assault. The defendant is definitely in need of a solid Union County Aggravated Assault Attorney as incarceration could be a possibility depending on the seriousness of the injuries involved, the position of the victim on sentencing, and other factors. My real point is that someone from an affluent community, who is otherwise law abiding, can also be the subject of an Aggravated Assault. The poor judgment in getting into her car drunk could lead to severe penalties for this middle aged suspect.

• Email This
• Print
• Comments
• Trackbacks

In an effort to provide the public with free and helpful legal information, our office has launched a wordpress site titled Union County NJ Criminal Attorneys. The information contained on the site includes a review of the law for common offenses enountered in Union County. The topics include theft crimes, marijuana and cocaine charges, dwi, simple and aggravated assault, and an assortment of other Union County Superior Court and Municipal Court offenses.

Our firm will continue to represent individuals in Union County out of our Cranford Office. Anyone seeking advice or representation for one of the aforesaid charges is encouraged to consult our Union County NJ Criminal Attorney.

• Email This
• Print
• Comments
• Trackbacks

We previously reported on the 2008 criminal statistics for Monmouth and Ocean County, and the figures are now in on Union County and Middlesex County as well. There was a 9% increase in criminal charges in Union County.  Middlesex County rose slightly less at 8% in crime.  The upward trend continued to be in the area of non-violent property offenses like burglary, theft and larceny. Violent crimes experienced a 3% decrease statewide although both rape and murder offenses were up. It is believed that the rise in homicides was largely accountable to a spree of murders in Camden County. 

While the defense attorneys at our firm represent individuals in Municipal Courts and Superior Courts of Union County and Middlesex County almost daily, I cannot say we have noticed a trend in crime one way or another. We believe that the figures are relatively consistent with prior years.

• Email This
• Print
• Comments
• Trackbacks

The attorneys at our firm have been defending individuals throughout New Jersey for almost two decades now.  A major focus of our practice involves Union County Superior Court and Union County Municipal Court criminal matters. We have relocated our office to accommodate our growing practice and the needs of our clients in Union County. 

Our new office is located at 216 North Avenue, Cranford, NJ.  We are located less than a mile from Exit 137 of the Garden State Parkway, and within a few hundred yards of the Cranford Municipal Court.  Our criminal defense attorneys shall continue to be available 24/7 at 1-877-450-8307 to serve the needs of those seeking assistance in Union County.

Our Cranford office shall handle cases in Union County Superior Court, and shall continue to serve as  Cranford Criminal Defense Attorneys.  Our practice takes us into Municipal Courts in Union County like Clark, Cranford, Roselle, Elizabeth, Linden, Westfield, Plainfield, Rahway, Mountainside and Garwood, almost daily.  We welcome telephone calls and other inquiries regarding are services.  Initial consultations with our lawyers are always without charge.

• Email This
• Print
• Comments
• Trackbacks

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. 

• Email This
• Print
• Comments
• Trackbacks

Years ago, I can recall almost daily newspaper reports of eluding through Union County. The stories usually involved someone fleeing in a stolen vehicle and attempting to reach Newark.  The Star Ledger reported this morning that the same scenario of eluding in Union County occurred on thursday.  The defendant took police on a chase through residential streets at high speed. While the incident ended in Newark when the eluder crashed into a curb, this was not until after the defendant committed several aggravated assaults by ramming police cars in an effort to escape. The charges against the suspect include eluding and aggravated assault.

New Jersey has a Second Degree eluding law which exposes an individual to up to ten (10) years in jail.  The law is set forth at N.J.S.A. 2C:29-2 and provides that a person is guilty of eluding if "they knowingly attempt to flee or elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop."  The charge is enhanced to a Second Degree crime from Third Degree when, during the course of fleeing, a suspect "creates a risk of death or serious injury to another person."

The focus of our Eluding Charge Defense Attorneys in these types of cases is always to attempt to have the offense downgraded to a Third Degree.  The reasons for this are mulitiple including avoidance of the presumption of incarceration carried by a Second Degree, the ineligibility for New Jersey Pretrial Intervention as a Second Degree, and the obvious jail exposure otherwise involved. The suspect in this case is going to have an exceedingly difficult time accomplishing this goal as his conduct was extreme.

• Email This
• Print
• Comments
• Trackbacks