The gist of 2C:12-11 is that it is never acceptable for anyone, whether in self-defense or otherwise, to grab the weapon of police.  The statute is drafted in terms of either “possession” or “control”, to cover both instances where someone attempts to gain control or actually possesses the firearm or other weapon.

The charge of disarming a police officer is typically a Second Degree crime.  However, this offense is enhanced to a First Degree where the firearm is discharged, the weapon is used or threatened to be used against  another, or where someone suffers serious bodily injury.

The penalties for disarming a police officer are extremely stiff because of the grade of the offense – its either a first degree, New Jersey’s most serious category of crime, or a second degree, one step below. The period of jail is significant if someone is found guilty of either grade of this crime, involving 10-20 years in prison for a First Degree and 5-10 years for a Second Degree. The potential fines are also substantial, exceeding one hundred thousand ($100,000).

If you have been charged with disarming a police officer in Ocean County, our Toms River defense firm is ready to assist you. We would be happy to answer your questions in a free initial consultation and our attorneys are available 24/7 at 732-286-6500 to help you.

Possession of stolen property, also termed receiving stolen property, is addressed under N.J.S.A. 2c:20-7 of the New Jersey criminal laws. It criminalizes someone intentionally possessing or controlling property that he knows or reasonably should know is stolen. If the property has a value of less than $200, than a violation is considered a disorderly persons offense. This type of offense is akin to a misdemeanor and can result in fines of up to $1,000 and six months in jail.  When the value of the stolen property reaches the $200 threshold, the related charge becomes an indictable offense or felony.

The penalties that apply to felony charges for possessing stolen property hinge on the value of the property. If the value is between $200 but less than $500, the charge is a Fourth Degree crime, that can result in a fine of $10,000 and up to 18 months in jail. The offense is enhanced to a Third Degree crime where the value exceeds $500 but is less than $75,000. A third degree conviction exposes someone to fines of up to $15,000 and jail that can reach 5 years. Stolen property charges involving more than $75,000 are Second Degree crimes, carrying a fine that can reach $150,00 and up to 10 years in prison.

If you would like more information regarding stolen property violations, a lawyer on our team can be reached at 732-286-6500 to answer your questions. I hope the information was helpful.

Possession of cocaine is a third degree crime that carries up to five (5) years in jail upon conviction. Intent to distribute cocaine is also a third degree crime and carries the same prison term where it involves less than one half ounce of the drug. The potential time in prison increases to ten (10) years for distribution of cocaine in the Second Degree. Selling cocaine is a second degree crime where the weight of the drugs is at least a half ounce but less than five (5) ounces. A twenty (20) year sentence can be imposed where intent to distribute is of the First Degree. A first degree case is triggered where five (5) or more ounces of cocaine is allegedly sold.

Cocaine offenses are always serious since they are virtually always indictable felonies under NJ law. The minimum jail exposure is five (5) years and obviously nothing to take lightly.

The maximum fine a New Jersey Court may impose under N.J.S.A. 2C:35-10 for simple possession (also termed “possession” or “straight possession”) is  $35,000. The court is also obligated to make an assessment for the Victims of Crime Compensation Board and Safe Neighborhood Fund.

The fine for distributing or selling heroin has a much wider range under the intent to distribute law, N.J.S.A. 2C:35-5. If the sale involves less than one half ounce, the maximum fine is $75,000. The limit of the fine escalates to $150,000 where someone is convicted of distributing between a half ounce but less than five ounces. The maximum fine reaches a considerable $500,000 if the sale involves five ounces or more.

The State of New Jersey clearly has the ability to impose significant fines whenever someone is convicted of an offense relating to heroin. If you have been arrested or charged with any type of heroin violation, it is clearly in your best interest to seek the advice of an attorney. We can be reached at 732-286-6500 to answer your questions. You may also refer to our Heroin Possession & Distribution page for more information on this subject matter.

Vehicular Homicide is a second degree offense in New Jersey. A second degree crime carries a jail term of between 5 and 10 years. There is also a presumption of incarceration, that is, an extremely high probability that an individual will go to jail, whenever they are convicted of a crime of this degree.  It should also be pointed out that the No Early Release Act (“NERA”) applies to a charge of Vehicular Homicide. NERA mandates that a defendant serve at least 85% of his or her prison term before there is eligibility for parole. An attorney highly experienced in defending both driving while intoxicated and indictable criminal charges can be extremely helpful to anyone charged with this offense.

From the defense perspective, a bank robbery can be quite complicated. The primary complicating factor is that federal banking law comes into play  and so too, involvement of the Federal Bureau of Investigation (“FBI”) and possibly the United States Attorneys Office. In this particular case, the Red Bank office of the FBI is involved.

Robbery in a setting such as this is typically a First Degree Crime punishable by 10 to 20 years in prison. However, Federal Law imposes a host of other penalties that can result in even stiffer sanctions in the event that the case is selected for prosecution as a federal case. Our lawyers will keep you posted on any developments in this case, especially if our attorneys becoming active players.

In the Ocean County case I handled today, law enforcement took the position that the car was a “structure”, hence, the client was charged with Third Degree Burglary in Ocean County. Thankfully, there are quite a bit of facts in our favor such that we are extremely hopeful of avoiding a conviction. We will keep you posted on how the case progresses.

The woman is already on probation and will undoubtedly be violated for picking up these new charges. She can expect Third Degree Offenses of Obtaining Prescription Drugs by Forgery or Fraud and Theft by Deception. The jail exposure when she is sentenced in Ocean County shall be 0 to 5 years in jail. It should be noted, however, that this suspect no longer enjoys the presumption against incarceration as she already has a felony conviction on her record. There is a good chance of jail in this case absent approval for drug court.

In another case, a defendant was convicted of Second Degree Burglary in conjunction with a Toms River break-in. The primary intent for the incident was not the customary rationale of theft but rather to assault individuals for revenge. The crime resulted in a nine year sentence imposed by Judge Hodgson this week.

Burglary is a criminal offense frequently encountered by our Ocean County Criminal Attorneys. Those charged are often subject to a commensurate theft complaint.  Cases of this nature do have the real possibility of escalating into something more serious when occupants are unexpectedly involved. It is certainly easier from the perspective of a defense lawyer when the facts are straight-forward like the classic vacation break-in.  Notwithstanding, our Ocean County Criminal Attorneys have shown the ability to successfully handle the most serious of burglaries.

Tom will defend both Ocean County Superior Court indictable offenses and municipal court charges throughout the County. This will include handling cases involving Aggravated Assault, Drug Possession & Distribution, Theft Charges, White Collar crimes, and Eluding, to name a few. We are excited by his addition to the firm.