Stalking and Statutory Language

Anthony N. Palumbo

Stalking Defense Lawyer in New Jersey

www.palumbo-renaud.com

Recently in New Jersey a man was arrested and charged with stalking after he allegedly followed two young girls in Parsippany.  The accused is 39-years-old, and it was reported that he followed and watched the two girls while they were near the Parsippany lake.  In New Jersey, stalking is a crime that occurs when a person: (1) Purposely or knowingly engages in a course of conduct; (2) directed at a specific person; and (3) that would cause a reasonable person to fear bodily injury to herself or a member of her immediate family or to fear the death of herself or a member of her immediate family.  The following provides an explanation of the language in the statute.  A New Jersey Stalking Defense Attorney will also be able to provide a better understanding of the statutory language.

First of all, in order to act ‘purposely or knowingly,’ the actor must be aware that he is following the victim around or the following must be intentional.  Thus, if in the above case, the man happened to be in several places where the girls were, but without the intent or knowledge of their whereabouts, the accused could not be convicted.  Second, the term ‘course of conduct’ means that on at least 2 separate occasions the actor engaged in visual or physical proximity to the victim or on at least 2 separate occasions, the actor conveyed a threat by any means.  “Any means” means that it does not matter whether the actor called, wrote, spoke directly to the victim, or threatened her indirectly through a third person.  Any of those examples will constitute a threat.  Finally, a ‘reasonable person’ means that the victim’s fear has to be reasonable.  The victim cannot be afraid because she has a mental disorder if a reasonable person without a mental disorder would not have cause to fear from the same situation.

Generally, Stalking is a 4th degree crime which means that if convicted, a person could serve up to 18 months in prison, however in the following situations, the penalties will be enhanced, and the charge of Stalking will be upgraded to a 3rd degree offense: (1) a person stalks someone when there is already a court order in place prohibiting the stalking; (2) a person stalks someone and that person has already been convicted of stalking; or (3) a person is in jail or on parole for an unrelated offense, and stalks someone.   A 3rd degree charge carries a penalty of up to 5 years in prison and heavy fines.

For more information on Stalking in Union County, visit my website Anthony N. Palumbo, New Jersey Criminal Defense Lawyer at www.palumbo-renaud.com. Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, former County and Municipal Court Prosecutor with over 35 years defending people accused of crimes such as Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses. If you are looking for an aggressive and knowledgeable  attorney to fight for you, call 1-866-664-8118.

Extended Term Sentencing in New Jersey

New Jersey Criminal Defense Attorney Anthony N. Palumbo
www.palumbo-renaud.com

“Extended term” sentencing in New Jersey is a mechanism by which a judge has the discretion to extend an individual’s sentence beyond the penalties normally associated with the conviction when certain circumstances exist.  When a person is convicted of a first, second, or third degree crime, the prosecution may request that the judge consider an extension.

Although this list is not conclusive, in general, circumstances that allow for “extended term” sentencing exist when the defendant has been convicted of a first, second or third degree crime, and he is either a persistent offender, professional criminal, or has committed the crime in exchange for money or something of pecuniary value.  These circumstances should be distinguished from those mandating that a judge extend the term.  Extension based on the above circumstances is discretionary and it is fully within the judge’s decision making powers to determine whether the extension is warranted.

A recent article in NJ.COM, a news website providing local New Jersey news provided a good example of a situation in which a judge found it was appropriate to extend a sentence on the prosecution’s request.   In the article, a New Jersey man was sentenced to 30 years in prison for a conviction of armed robbery.  The man, Mr. Shadee Alexander, held up a small deli owned by a married couple, and during the commission of the crime, threatened to shoot the couple’s 10-year-old granddaughter unless the cash was handed over.  Mr. Alexander absconded with a total of $220 dollars, and was apprehended a few blocks away.

Mr. Alexander is 29-years-old, and at the time he was convicted, he was already serving a sentence for aggravated assault and unlawful possession of a weapon.  In New Jersey, robbery is a second degree crime which can be upgraded to a first degree crime when a deadly weapon is used in the course of commission.  Since a deadly weapon was used during this crime, a first degree sentence of 10-20 years was warranted, but the judge chose to impose a 30 year sentence instead.  In making this decision, the court looked at Mr. Alexander’s history of parole violations, and his convictions involving drugs and weapons.  The judge found that he was a danger to the community and that this was exactly the type of situation that “extended term” sentencing was designed to remedy.  The prosecutor suggested that a 50 year term or higher would not have been inappropriate given the man’s past behavior.

For more information on Robbery or Weapons Offenses in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.
Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, former County and Municipal Court Prosecutor with over 35 years defending people accused of crimes such as Robbery and Weapon Offenses, Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses. If you are looking for an aggressive and knowledgeable  attorney to fight for you, call 1-866-664-8118.

Self Defense v. Imperfect Self Defense in New Jersey

Anthony N. Palumbo New Jersey Criminal Defense Attorney
www.palumbo-renaud.com

In New Jersey, a defendant may assert the justification of self defense (or defense of another) if the defendant honestly and reasonably believed that the use of defensive force was necessary. N.J.S.A. 2C:3-4.  However, New Jersey does not recognize the justification of Imperfect Self Defense as some states do.  Imperfect Self Defense occurs when the defendant is only able to satisfy some of the elements of Self-Defense, but cannot prove them all. State v. Williams, 168 N.J. 323 (2001).  For example, if a defendant’s belief that force was required was not reasonable, but he honestly believed that it was necessary, he could not use the defense because his evidence would be “imperfect.” Id.  However, this does not mean that the evidence of an honest but unreasonable belief cannot be used for other purposes in the case. Id.  The defendant may still use the evidence of his honest, but unreasonable belief to negate the required intent element of the prosecution’s case. Id.

In Williams, 168 N.J. 323, the defendant claimed the justification of defense of another against charges of attempted murder and aggravated assault.  In this case there was much dispute as to the factual scenario that actually occurred. Id.  The defendant claimed that he fired a weapon at a moving van that was headed toward his wife, while the driver of the van and several other witnesses claimed that the shots were fired without provocation. Id.  The van driver’s claim was the claim that was ultimately accepted by the trial court and the defendant was convicted on account of that evidence. Id.  On appeal, the court noted that if the jury found that the defendant’s belief in the need to use force was honest, but unreasonable, he would not be justified under Self-Defense because his belief was unreasonable and New Jersey does not recognize imperfect self defense. Id.  However, the defendant still had the right to negate the prosecution’s case against him for attempted murder and aggravated assault on grounds that his honest belief that his wife needed defense against force, negated his intent to commit the crimes. Id.

For more information on the Criminal Charges in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.

Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, former County and Municipal Court Prosecutor with over 35 years defending people accused of crimes such as Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses. If you are looking for an aggressive and knowledgeable  attorney to fight for you, call 1-866-664-8118.

The Meaning of Disorderly Conduct & the First Amendment

Union County Criminal Defense Lawyer Anthony N. Palumbo

www.palumbo-renaud.com

In Union County, New Jersey, Disorderly Conduct is a petty disorderly person’s offense that results when a person purposely disrupts public peace by using offensive language or engaging in improper conduct.  If a person receives a charge or criminal complaint for Disorderly Conduct in New Jersey, the prosecution must prove different elements depending on whether the person has violated the law by engaging in improper conduct or by using offensive language.  This article attempts to break down the meaning of the elements set forth in the statute under both offensive language and improper conduct.  While the language may seem straightforward, the New Jersey court has delineated finer definitions of certain words within the statutory language.  A Union County Disorderly Conduct lawyer will also be able to explain the meaning behind the words used in the statute.

Under N.J.S.A. 2C:33-2, in order to commit Disorderly Conduct through improper conduct, a person must: (1) act with the purpose to cause public inconvenience, annoyance or alarm, or recklessly create a risk thereof a person; and (2) engages in fighting or threatening, or in violent or tumultuous behavior; or (3) creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor. N.J.S.A. 2C:33-2.  New Jersey courts have delineated specific requirements for some of the language used in the statute.  For example, in order to meet the definition of the word ‘threatening,’ a person must use both words and physical threats together.  Additionally, the word ‘tumultuous’ has been defined to describe behavior that is unruly and violent, and creates agitation and pandemonium in a group of people.  See e.g., State v. Stampone, 341 N.J. Super. 247, 255 (App. Div. 2001). Thus, behavior must meet a certain threshold of annoyance before becoming criminal, and someone who is merely noisy and quarrelsome may not be charged under the statute.

Under N.J.S.A. 2C:33-2, in order to commit Disorderly Conduct by using offensive language a person must: (1) act in a public place; and (2) with the purpose to offend the feelings of a hearer; or (3) in reckless disregard of the probability of so doing; and (4) addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. N.J.S.A. 2C:33-2.  While this law may seem contrary to First Amendment Rights to free speech, it is not.  Under the First Amendment, certain language is more protected than other types, and if language is deemed to incite an immediate threat of danger, the government may regulate it without violating constitutional rights.   In order for a person to be charged under this statute without violating constitutional rights, the offensive language must have been said in a public forum, it must be provocative of an immediate breach of peace, and the breach must be likely to actually occur.  If a person’s conduct has not met these requirements, an experienced attorney may be able to defend a Disorderly Conduct charge on grounds that the charge violates an individual’s first amendment right to free speech.

For more information on Disorderly Conduct in Union County, visit my website Anthony N. Palumbo, New Jersey Criminal Defense Lawyer at www.palumbo-renaud.com.

Anthony N. Palumbo of the law firm Palumbo & Renaud an aggressive Criminal Defense Attorney in New Jersey with over thirty-five (35) years of experience defending clients accused of a crime. He is a former county prosecutor, municipal court prosecutor, current public defender and has his own private practice. He knows what to expect from judges, prosecutors and the police to successfully defend his clients against their charges. He have a reputation of consistent favorable results and outcomes for clients built on his skill and knowledge of both sides of the law. Contact him today toll free at 1-866-664-8118 for a free consultation. He will be happy to help you and answer your questions.

Aggravated Assault & Serious Bodily

New Jersey Criminal Defense Lawyer Anthony N. Palumbo

www.palumbo-renaud.com

The legal definition of aggravated assault is an assault that is coupled with aggravating circumstances.  Aggravating circumstances include a deadly weapon, an explosion, serious bodily injury, injury to a police officer, and a number of other circumstances as well.  Aggravated assault is a crime in which resulting charges, and can lead to second, third, or fourth degree aggravated assault charges.  A recent example of aggravated assault took place in Camden, New Jersey when a homeless man beat his benefactor in the head with a gardening tool.  The homeless man was convicted on charges of robbery, aggravated assault and weapons offenses after he attacked the 71-year-old elderly woman who he was staying with.  The man came up behind her with a gardening tool, fractured her skull and subsequently escaped with almost $2,000.  When the attack took place, the man had been living with the victim and her family for almost a year.

In New Jersey, a person can be charged with second degree aggravated assault if they attempt to cause serious bodily injury to another, or cause such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life, or recklessly cause such injury. N.J.S.A. 2C:12-1(b).  Thus, what normally would have been a simple assault becomes aggravated assault when coupled with the aggravated circumstance of serious bodily injury.  Serious bodily injury is an injury that creates a big risk of death or causes serious, permanent disfigurement or harm to a person’s bodily function.  In the case above, beating the woman in the head with a pipe and causing a skull fracture most likely constitutes serious bodily injury.  While second degree aggravated assault carries up to 10 years in prison, the man above was charged with multiple crimes, and faces up to 21 years in prison.

For more information on Aggravated Assault in New Jersey visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.

I am Anthony N. Palumbo of the law firm Palumbo & Renaud an aggressive Criminal Defense Attorney in New Jersey with over thirty-five (35) years of experience defending clients accused of a crime. I am a former county prosecutor, municipal court prosecutor, current public defender and have my own private practice. I know what to expect from judges, prosecutors and the police to successfully defend my clients against their charges. I have a reputation of consistent favorable results and outcomes for clients built on my skill and knowledge of both sides of the law. Contact me today toll free at 1-866-664-8118 for a free consultation. I will be happy to help you and answer your questions.

Lost Property in New Jersey/Theft Crimes

Anthony N. Palumbo New Jersey Criminal Defense Attorney
www.palumbo-renaud.com

Under New Jersey law, N.J.S.A. 2C:20-6, a person who comes into control of the property of another person and knows that the property is lost…is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use. N.J.S.A. 2C:20-6. Put into lay-man’s terms, a conviction under this statute requires several different factors to exist together.  First, the person who finds the property must take control of it.  Simply handling it and knowing that it is lost does not create liability on behalf of the finder.  Second, in order to meet the intent requirements, it must be shown that the finder knew that the property was lost, and that the finder knew the identity of the true owner.  Finally, the finder must have the intent to deprive the true owner of the lost property.  Thus, if the finder believes that the property is abandoned, and therefore does not have the intention to return it, the finder has not committed an unlawful act.

For more information on the Lost or Mislaid Property in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.

 

Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, former County and Municipal Court Prosecutor with over 35 years defending people accused of crimes such as Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses. If you are looking for an aggressive and knowledgeable  attorney to fight for you, call 1-866-664-8118.

 

 

 

New Temporary Restraining Order Technology & Video Cameras

Anthony N. Palumbo New Jersey Criminal Defense Attorney
www.palumbo-renaud.com

The state of New Jersey takes the utmost precaution in protecting alleged victims of domestic violence, and allows a temporary restraining order to be issued against an alleged violator even when there are no signs of physical injury.  However, a new development in the issuance of temporary restraining orders may change the need for such assumptions in certain cases.  In Passaic County, New Jersey, a new method of temporary restraining order issuance is being tested.  The new method would allow victims of Domestic violence to apply for a temporary restraining order from the hospital by communicating with the judge through a video camera.

It is asserted that this method will increase the number of temporary restraining orders issued in domestic violence cases because often victims of domestic violence decide not to press charges soon after leaving the hospital.  Thus, in that respect, the number of temporary restraining orders issued per annum would increase.  However, in another respect, the procedure may also make it more difficult for those feigning as victims to receive temporary restraining orders.  The Judge will be able to see the victims in the hospital through the camera and take photos of the injuries.  These photos can be used as evidence in legal proceedings.  Last year, in Passaic County, New Jersey, there were 4,000 temporary restraining orders issued.

For more information on Temporary Restraining Orders and Domestic Violence in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.

Anthony N. Palumbo, New Jersey Criminal and Municipal Court Defense Attorney has been practicing law over thirty-five (35) years, he is a former prosecutor and current public defender with offices in Cranford and Elizabeth, N.J.

Prescription Drug Charges in New Jersey

Anthony N. Palumbo New Jersey Criminal Defense Attorney
www.palumbo-renaud.com

The state of New Jersey has the most pharmaceutical firms in the country condensed into one small area.  According to the DEA website, the most frequently abused drugs in New Jersey are Percocet, Xanax, Vicodin, Oxycontin, and Hydrocodone.  Most pharmaceuticals that are illegally obtained within the state are done so by counterfeit prescriptions, crime rings that distribute pharmaceuticals illegally, and what is commonly referred to as doctor shopping, which is when individuals go from one doctor to another seeking prescriptions.  In New Jersey, under N.J.S.A. 2C:35-10, it is illegal to possess prescription drugs unless the drugs are lawfully prescribed by a licensed physician.  Charges vary based on the amount of drugs in possession.  For example, it is a Fourth Degree Crime to knowingly possess, actually or constructively, a prescription drug in an amount of five or more dosage units, and it is a Disorderly Person’s Offense to knowingly possess, actually or constructively, a prescription drug in an amount of four or fewer dosage units.  A conviction of a Fourth Degree Crime results in penalties of up to 18 months in prison, and a conviction of a Disorderly Person’s Offense results in penalties of up to 6 months in prison & $1,000 in fines.

For more information on Prescription Drug Charges in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com. The Anthony N. Palumbo, New Jersey Municipal and Criminal Defense Attorney site provides helpful information for individuals accused of a crime. The stages of the criminal legal process are discussed and useful information on why hiring a criminal defense lawyer makes a difference whether you are accused of a crime or a municipal court offense.

Anthony N. Palumbo, New Jersey Criminal and Municipal Court Defense Attorney has been practicing law over thirty-five (35) years, he is a former prosecutor and current public defender with offices in Cranford and Elizabeth, N.J.

Juvenile Sentencing Proceeding

New Jersey Juvenile Defense Attorney

Anthony N. Palumbo

www.palumbo-renaud.com

The juvenile sentencing procedure is a difficult time for most parents because it is when the course of the child’s future is determined.  An experienced New Jersey Juvenile Defense Attorney will be able to shed further light on the following described proceeding.  In a juvenile proceeding, if the child is found guilty, he must attend what is called a disposition hearing.  This hearing is the equivalent to a sentencing hearing in criminal court.  New Jersey law requires that the disposition hearing take place within a certain amount of time after the entry of guilt.  If the child must stay in custody after the trial, the disposition must take place within 30 days of the guilt entry.  If the guidelines are not followed and the juvenile does not receive the disposition hearing within 30 days, the court must schedule the disposition hearing within 10 days.  If the child is released after the trial and is therefore not in custody, the hearing must be scheduled within 60 days of the guilt entry.  At the disposition hearing, the court will consider many different factors in determining whether the child should be committed or placed on probation.  In making this decision, the court must review a pre-disposition report that includes the juvenile’s past record, family record, psychological and physical condition, and progress.  In addition to the factors in the pre-disposition report, the court must also look to another set of factors set out under N.J.S.A. 4A-43.

1.     The nature and circumstances of the offense;

2.     The degree of injury to persons or damage to property caused by the juvenile’s offense;

3.     The juvenile’s age, previous record, prior social service received and out-of-home placement history;

4.     Whether the disposition supports family strength, responsibility and unity and the well-being and physical safety of the juvenile;

5.     Whether the disposition provides for reasonable participation by the child’s parent, guardian, or custodian, provided, however, that the failure of a parent or parents to cooperate in the disposition shall not be weighed against the juvenile in arriving at an appropriate disposition;

6.      Whether the disposition recognizes and treats the unique physical, psychological and social characteristics and needs of the child;

7.     Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of the child where the child has mental retardation or learning disabilities;

8.     Any other circumstances related to the offense and the juvenile’s social history as deemed appropriate by the court;

9.      The impact of the offense on the victim or victims;

10.  The impact of the offense on the community; and

11.   The threat to the safety of the public or any individual posed by the child.

 

An experienced New Jersey Juvenile Defense Attorney will be able to walk you through this difficult process and make sure the juvenile receives the best representation.  Since New Jersey law mandates that a juvenile have representation, the question is not whether to retain an attorney, but rather which attorney to retain.  My name is Anthony N. Palumbo, and I have been successfully defending juveniles against charges in Union County, New Jersey for over 35 years.

For more information on Juvenile Charges in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.

Anthony N. Palumbo, New Jersey Criminal and Municipal Court Defense Attorney has been practicing law over thirty-five (35) years, he is a former county and municipal court prosecutor and current public defender with offices in Cranford and Elizabeth, N.J.

 

 

 

 

 

New Jersey Juvenile Drug Charges

Drug Distribution Lawyer

Anthony N. Palumbo New Jersey Criminal Defense Attorney
www.palumbo-renaud.com

In New Jersey juvenile drug cases, the charge is heard in the county court where the juvenile resides.  Generally, a family court judge presides over the case, and makes all decisions regarding the drug charge.  However, if a drug crime is serious, the juvenile may be tried as an adult before a jury.  Even if the juvenile is not tried as an adult, the juvenile court can administer most of the same penalties for drug crimes as an adult criminal court.  When a juvenile goes to trial, it is important that the juvenile be represented by an experienced criminal defense lawyer.

On Friday, August 28, 2009, a young teenage drug dealer was arrested and charged with possession with intent to sell $500 worth of marijuana.  The 16-year-old boy was brought to the Essex County Juvenile Detention Center after the arrest.  In the young man’s room, the police found 20 bags of marijuana, marijuana paraphernalia, and cash.  The teen had an adult guest at the house and it was determined that the teen sold the adult 21 bags of marijuana.  The teen was charged with a laundry list of juvenile drug crimes including possession of marijuana, possession with intent to distribute marijuana, possession of drug paraphernalia, and intent to distribute within 500 feet of a Park

Under New Jersey law, the charges and penalties for possession of marijuana depend on the amount in possession.  Possession of less than 50 grams of marijuana and Possession of drug paraphernalia are Disorderly Persons Offenses which carries penalties of up to $1,000 in fines and up to 6 months in prison.  Possession of more than 50 grams of marijuana is a 4th Degree Offense which carries up to $25,000 in fines and up to 18 months in prison.  Charges for possession with intent to distribute marijuana are much more serious than those for simple possession, and also depend on the amount in question.  Possession with Intent to Distribute 25 pounds or more of marijuana, or 50 or more marijuana plants, results in a 1^st degree crime which can result in 10 to 20 years in prison and up to $300,000 in fines.  Five or more pounds of marijuana, but less than 25 pounds of marijuana, or between 10 and 49 marijuana plants, results in a 2^nd degree crime which can result 5 to 10 years in prison.  1 ounce or more of marijuana, but less than 5 pounds of marijuana, results in a 3^rd degree crime which carries up to 3 to 5 years in prison and up to $25,000 in fines.  And less than 1 ounce of marijuana, results in a 4^th degree crime which carries up to 18 months in prison.

For more information on Juvenile Drug Crimes in New Jersey, visit my website, Anthony N. Palumbo, New Jersey Juvenile Defense Attorney at www.palumbo-renaud.com.

Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, former County and Municipal Court Prosecutor with over 35 years defending people accused of Drug Offenses. throughout New Jersey including Union County, Middlesex County, Somerset County, Monmouth County, Essex County, Hudson County, Morris County, and Ocean County.

If you are looking for an aggressive and knowledgeable  attorney to fight for you, call 1-866-664-811