Burden of Proof at Trial

Anthony N. Palumbo, Criminal Defense Lawyer

www.palumbo-renaud.com

The burden of proof at a criminal trial is beyond a reasonable doubt.  This means that in order for the defendant to be rightfully convicted, the prosecution must exclude all reasonable doubt of the defendant’s innocence from the minds of the jury.  And if the jury does have a reasonable doubt that the defendant may not have committed the crime, then the standard has not been met and the defendant’s guilt has not been proved.  The burden is on the prosecution to prove that the defendant is guilty. 

 In order to see the height of the beyond a reasonable doubt standard, it may be necessary to compare it to other standards that are used in the law.  For instance, in civil cases, the burden is referred to as the preponderance of the evidence, and it must be shown only that the defendant’s liability is more probable than not.  Therefore, in a civil action, if the prosecution can prove that the defendant probably committed the crime, he may be liable under the civil standard.  However in a criminal case, this is not enough.  Instead, the jury must have no reasonable doubt that the crime could have been committed by anyone other than the defendant, and only then is the defendant guilty of the crime.

 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.

Domestic Violence & Consequences in New Jersey

In New Jersey, the definition of domestic violence is ‘one or more of the following acts committed by an adult against the victim:  Criminal Restraint, Kidnapping, False Imprisonment, Homicide, Assault, Terroristic Threats, Sexual Assault, Lewdness, Criminal Mischief, Burglary, Criminal, Trespass, Harassment, Criminal Sexual Contact, or Stalking.’  Domestic violence facts and domestic violence statistics provide that women constitute 76% of domestic violence victims in New Jersey.  If you have been involved in a domestic violence incident, I urge you to seek a domestic violence attorney immediately to prevent any further legal damage from accruing.  The following provides two recent incidents of domestic violence that took place in New Jersey, and a brief explanation of the penalties and consequences associated with domestic violence cases. 

The first incident involves a 24-year-old man who broke into his ex-girlfriend’s home who is 34-years of age.  The news article providing this information stated that the couple had been on and off for the past 17 years.  This is an interesting fact because it makes the man 7-years-old when the relationship began with a 17-year-old female.  In any event, after he broke into her apartment, the man began to argue with the woman, insisting that he needed to use the bathroom.  He made his way into the bathroom and urinated on the floor, and punched the woman in the head.  The woman picked up a knife, ultimately forcing the man out of her home.  The man has been charged with harassment, burglary, and simple assault.  All three of these offenses fall within New Jersey’s definition of domestic violence.

The second event took place 24-hours later between a 24-year-old male and his 20-year-old girlfriend.  The couple was at the girlfriend’s house when they had an argument.  The man asked the woman to give him a ride, and she agreed.  When they arrived at his destination, the man got out of the car and went to the driver’s side where he beat and choked her.  He then pushed his way into the driver’s seat, drove off, and pushed the woman out of the car while the vehicle was in motion.  She sustained serious leg injuries from the fall.  The man is charged with both carjacking and aggravated assault for the incident. 

As you can see from the situations above, the penalties for domestic violence offenses vary based on the criminal act committed.  Additionally, allegations of the above charges are often coupled with the issuance of a restraining order, which can be issued on little to no evidence.  A temporary restraining order can be issued at any time and over the phone.  They are very easy to obtain.  Within 10 days of the issuance of a temporary restraining order, there will be a hearing to determine whether the temporary restraining order should be converted into a permanent one.  A permanent restraining order requires proof that one of the domestic violence offenses occurred.  Restraining orders are an important part of domestic violence law because a violation can result in heavy penalties.  The first violation of a restraining order results in independent charges for criminal contempt and a second violation results in an automatic jail sentence.  When these charges are combined with those for one of the criminal offenses above, the penalties on conviction can be extremely severe. 

 If you, a friend, or a loved one is in need of an experienced domestic violence attorney, do not hesitate contact me at 1-866-664-8118 for a free initial consultation by phone or in person. I have been appointed by Superior Court judges in Union County to represent individuals charged with domestic violence acts, violation of probation and contempt charges.   

For more information on Domestic Violence in New Jersey visit my website Anthony N. Palumbo, New Jersey Domestic Violence Defense attorney at www.palumbo-renaud.com/PracticeAreas/Domestic-Violence.asp

Union County, New Jersey Sexual Assault Defense Lawyer

Man accepts plea agreement for Aggravated Sexual Assault in New Jersey

A New Jersey man recently accepted a plea bargain in which he pled guilty to aggravated sexual assault, taking a sentence of 7 years in prison in exchange for the prosecution’s agreement to drop several other charges including sexual assault by contact, child abuse, endangering the welfare of a child, and terroristic threats.  Under the terms of the plea agreement, the man must serve 6 of the 7 years in prison before he can become eligible for parole.  The man is also an illegal immigrant from Honduras who will probably be subjected to deportation charges once his sentence is complete. 

The prosecution felt particularly strong about this case because the child who the man molested was his 10-year-old niece who had been previously sexually molested by another man.  The charges alleged abuse over a period of 4 years, but in court, the man confessed to having sex with her on only one occasion back in 2007.  Had the man not taken the plea bargain, he would have been facing up to 20 years in prison for a first degree charge, notwithstanding the additional charges set out in the original indictment.  Presently, the man is waiting to undergo a psychological evaluation during which it will be determined whether he will serve his sentence in prison or in a mental hospital. 

For more information on sex crimes in New Jersey, visit me, Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, at my website at  www.palumbo-renaud.com/PracticeAreas/Criminal-Sexual-Contact-Attorney.asp

I have been defending individuals against sexual assault charges in New Jersey for almost four decades.  As a longstanding member of the legal community, a former prosecutor, and a current public defender, I can give you an honest assessment of the penalties you face and the best possible avenues of relief.  If you would like to discuss your case freely and confidentially with an experienced attorney at no obligation, contact me at 1-866-664-8118 for a free consultation.

Why a Criminal Defendant Should Consider Not Taking the Stand

The 5^th Amendment of the United States Constitution gives a criminal defendant the right to choose not to testify at trial.  Often people wonder why anyone would choose to do this, and it is common for criminal defendants to want to take the stand and tell their story to the jury.  Unfortunately, while taking the stand may seem like a great idea, especially to someone who is innocent, there are many reasons why it is often better not to take the stand at trial.  Taking the stand can easily provide an opportunity for the defendant to appear much more culpable than he actually is.  This is why the 5^th Amendment right to not testify is sometimes referred to as the right against self-incrimination. 

When a criminal defendant takes the stand, all types of information can come into court that otherwise would never have been heard by the jury.  Despite the high burdens of proof in a criminal trial, juries are often very subjective in their decision making, and can easily be influenced by a defendant’s demeanor, language, or any of the potentially negative information that can come into court once the defendant decides to take the stand.  Once a defendant takes the stand at trial, the prosecution may tell the jury about past crimes the defendant has been convicted of.  Additionally, the prosecution may be able to put people on the stand that can testify as to their negative opinions of the defendant’s reputation.  This is information that would not be heard by the jury if the defendant chose not to take the stand. 

Additionally, the jury is not allowed to infer anything negative from the fact that the defendant does not testify, and the prosecution is not allowed to comment on it.  In sum, there are very good reasons why an attorney may persuade a defendant not to take the stand and any defendant should carefully consider this advice. Even though not taking the stand may seem counter intuitive, it is often the best choice.   

For more information on Drug Charges, visit my website Anthony N. Palumbo, New Jersey Defense attorney at www.palumbo-renaud.com/PracticeAreas/Other-Drug-Offenses.asp

 

Sexual Assault of Children

Anthony N. Palumbo, Union County  NJ Child Sexual Abuse attorney

The Sexual Assault of Children is a topic that is constantly in Union County news headlines and is without a doubt a big problem in New Jersey today.  The more people learn about sex offenders and how difficult it is for a sex offender to truly rehabilitate, the more complex the legal debate becomes with respect to offenders’ rights.  In addition to the problems that are prevalent with regard to sex offenders’ rights once released from prison, there is another problem that occurs much before an accused is actually convicted, or even before he receives a formal charge or complaint.  A major problem with respect to sex crimes against children is the effect an accusation can have on an innocent person.  Crimes against children are surrounded by so much tumultuous emotion that when an innocent person is accused, this type of accusation is extremely destructive even if no wrong has been committed.  People are falsely accused or wrongly charged with crimes every day in New Jersey, and we rely on our justice system to separate those who are rightly and wrongly accused.  However, when someone is charged with a sex crime against a child, people instantly assume the accused is guilty.  After all, who could even be charged with such a horrible crime if they have done nothing wrong? 

 Unfortunately, this is not the case, and as a criminal defense lawyer with almost 40 years of experience, I have seen innocent men wrongfully accused with such a crime, and an accusation this strong often has the same affect of a conviction in the eyes of a person’s family, co-workers, or anyone else involved in their daily life.  People are often quick to believe things that children say because of their naivety and innocence, but such characteristics often make children the easiest pawns in adult games.  If an adult intends to convince a child that another adult’s behavior is improper, and encourages the child to look for certain conduct, an imaginative child may come up with a great many things without realizing the weight of false their stories.  And when all that is needed is the utterance of an accusation to make a man guilty, child sexual abuse can become a charge that is used to manipulate more than protect our children and society. 

 I am Anthony N. Palumbo, partner at Palumbo & Renaud, and as a criminal defense attorney with over 35 years of trial experience I understand the toll sex crime allegations can take a person. Accusations of  Child Molestation offenses can turn your life upside down even before your guilt has been proven, but you don’t have to go it alone. While each case is unique, I know what a prosecutor needs in order to convict you of a child sexual abuse offense. Contact me for a free initial consultation at 866-664-8118. 

For more information on Crimes against Children, visit my website Anthony N. Palumbo, New Jersey Criminal Defense Lawyer at www.palumbo-renaud.com/PracticeAreas/Crimes-Against-Children.asp.

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.