Arrested at Belmar St. Patrick’s Parade or another St. Patrick event?
Penalties if arrested at St. Patrick’s Parades
Over 100 police and law enforcement will be out at parades to arrest persons for drunk & disorderly matters.
2C:12-1. Assault. a. Simple assault. 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.
• Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6-month maximum max
probation 1-2 year
community service 180 days maximum
mandatory costs, VCCB and other penalties
Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum
There are dozens of other penalties a court can impose, depending on the type of matter.
Resisting Arrest
It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest. Typically, a crime of the fourth degree.
Indictable Crime Penalties [Felony type] [ Superior Court]
• Jail potential Fine max Probation
• 1st degree 10- 20 years $200,000 [presumption of jail]
• 2nd degree 5-10 years $150,000 [presumption of jail]
• 3rd degree 3- 5 years $15,000 1 year- 5 year
• 4th degree 0- 18 months $10,000 1 year- 5 year
Hindering Apprehension or Prosecution (2C:29-3)
A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
• Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.
Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he 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.
“Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
· Petty Disorderly person - 30 days jail maximum
Petty DP $500 max Fine, VCCB and other penalties
Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal.
Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition (2C: 35-10)
It is a criminal offense for any person knowingly or purposely, to obtain, or to possess actually or constructively, a controlled dangerous substance or controlled substance analog [other than weed].
• Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.
Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, Probation, drug testing and other penalties. If attorney’s PTI/ Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.
2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty
Jail 2C: 43- 8 potential jail 6 month maximum
probation 1-2 year max
community service 180 days maximum
Disorderly- fines: $500- $1,000 Fine maximum under 2C: 43- 3
plus mandatory costs, VCCO and other penalties
33:1-81 Underage drinking and Misrepresenting age to induce sale or delivery to minor
fine 500-1,000, court costs and other penalties
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.
Kenneth Vercammen’s Law Office represents people charged with criminal and Municipal Court offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face high fines, jail, Probation and other penalties. Don’t give up! Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
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