Do You Have A Case We Can Help With?
Municipal Court Offenses in Ocean County
Disorderly Persons Offenses
In New Jersey, violations of the criminal code are enumerated under Title 2C of the New Jersey Statutes Annotated. Several of these infractions are graded as what are referred to in New Jersey as Non-Indictable or Disorderly Persons Offenses; which are the equivalent of what are more commonly known as misdemeanors. Defendants charged with these types of offenses are subjected to a possible six (6) months in jail, a $1,000.00 fine as well as additional costs and penalties. There also exists what are known as Petty Disorderly Persons Offenses, which are punishable by a maximum of thirty (30) days in jail and up to a $500 fine. A conviction for a Disorderly or Petty Disorderly Persons Offense may also require a probationary term and/or a loss of driving privileges. Regardless of the specific penalties imposed, convictions for these types of offenses in New Jersey will yield a permanent criminal record, and may have serious implications on an individual’s employment, professional licenses and/or military security clearances.
SIMPLE ASSAULT – N.J.S.A. 2C:12-1(a)
Simple Assault is a criminal offense in the state of New Jersey that carries maximum penalties of six (6) months in Jail and up to a $1,000 fine. These matters are handled in the Municipal Court in the Town where the offense took place and are often times part of a Domestic Violence situation involving a spouse, family member or those involved in a dating, co-habitation or shared custody relationship. Simple Assault charges may lead to a permanent criminal record if convicted, with a possibility of Probation. Anger Management classes or some additional forms of Ordered treatment in addition to the penalties mentioned above. Cases involving Domestic Violence are made particularly more complicated when attempting to resolve the matter without pleading to or being found guilty of Simple Assault. Prosecutors will often times need to confer with the Officers involved, the named victims as well as any victim/witness advocates assigned to the particular case prior to any proposed resolution. Simple Assault can be proven if bodily injury results from even the most superficial physical contact causing pain, visible signs injury or discomfort to another party; whether any bodily injury was intended by the actor. N.J.S.A. 2C:12-1(a)(1) states:
A person is guilty of assault if he:
- (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- (2) Negligently causes bodily injury to another with a deadly weapon; or
- (3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Many defenses may be available regarding a charge for simple assault, including to not limited to claims for self-defense, defense of another or mutual consent to a fight or scuffle. Certain aspects of these affirmative defenses can aid in the resolution of your matter, but may not lead to a dismissal of charges without further analysis and application to the facts and circumstances surrounding your situation. Call the Law Office of Nicholas A. Moschella, Jr., LLC today for FREE CONSULTATION. Mr. Moschella has handled thousands of Municipal Court matters as both a former Prosecutor, Public Defender and Private Defense Attorney.
HARASSMENT – N.J.S.A. 2C:33-4
Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
- a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
- b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
- c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received. - d. (Deleted by amendment, P.L.2001, c.443).
- e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.
Harassment is generally a Petty Disorderly Offense as stated above, and is punishable by 30 days in the county jail, a $500 fine, possible probation and additional court costs and fees. Harassment is an extremely commonly charged underlying offense in Domestic Violence matters and can be difficult to resolve with the Municipal Prosecutor based upon the alleged victim’s input and involvement in the matter. “Communication” includes any form of verbal, electronic, written, text, social media messaging and/or any of these made by another at your request directed at an individual. The perception of an alleged victim of Harassment is also a factor to be considered and may pose problematic when attempting to explain your intentions as opposed to how something may have been understood. In these types of situations, having an attorney to navigate through the legal arguments available as well as prepare the most effective defense is paramount to your success. As a former Municipal Prosecutor in over 20 towns throughout Ocean and Monmouth Counties, Mr. Moschella is extremely familiar with these matters as well as the courts in which they are handled. Call (732) 930-3482 today for a FREE CONSULTATION with the Law Office of Nicholas A. Moschella, Jr., LLC.
Resisting Arrest – N.J.S.A. 2C:29-2
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.
One of the most common misconceptions regarding a charge under this statute is that a claim of innocence; or issue with the initial contact or subsequent interactions with Law Enforcement as to the search, seizure or arrest pertaining to a defendant is an available defense. The final paragraph of N.J.S.A. 2C:29-2 specifically delineates that it is specifically no defense to a charge of Resisting Arrest to claim the aforementioned or even that an Officer was acting unlawfully in effectuating the arrest. Thus, it is paramount that an Attorney examine the evidence and provide insight as to what; if any, available defense to this charge exist and moreover can be effectively utilized in your case. Call (732) 451-2283 today for a FREE CONSULTATION with the Law Office of Nicholas A. Moschella, Jr., LLC.
HINDERING APPREHENSION or PROSECUTION – N.J.S.A. 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.
Various circumstances surrounding the charge of Hindering are considered by the County Prosecutors Office in determining whether your matter will become an Indictable or Felony Charge, or will be remanded to or stay in the Municipal Court as a Disorderly Persons Offense, As such, hiring an attorney to navigate through the legal arguments available as well as prepare the most effective defense is paramount to your success. As a former Municipal Prosecutor in over 20 towns throughout Ocean and Monmouth Counties, Mr. Moschella is extremely familiar with these matters as well as the courts in which they are handled. Call (732) 451-2283 today for a FREE CONSULTATION with the Law Office of Nicholas A. Moschella, Jr., LLC.