Red Bank NJ Criminal Defense Attorney

If you are facing criminal charges in Red Bank, NJ, securing legal counsel from an experienced criminal defense lawyer is critical to the outcome of your case. At the Law Office of Jason A. Volet, we provide high-quality representation and sound advice to those facing criminal charges in Red Bank and throughout New Jersey. Our extensive knowledge of state law makes us well-prepared to help our clients understand their legal rights and safeguard their freedoms and reputations.

Contact us today for a confidential case review with a Red Bank criminal defense lawyer.

How Can a Criminal Defense Attorney Help Me?

A criminal defense attorney can provide valuable assistance to those facing criminal charges or dealing with related matters, including:

• Expungement – Expungement refers to the process of clearing a conviction from a criminal record.
• Drug offenses – These charges involve the possession, manufacturing, distribution, or trafficking of illegal substances.
• Juvenile crimes – This is a separate branch of criminal law that deals with minors who have entered the criminal justice system.
• Sex crimes – Sex offenses include rape, sexual assault, solicitation, and indecent exposure.
• Theft defense – This category of criminal offenses covers crimes like burglary, robbery, larceny, and shoplifting.
• White-collar crimes – White-collar crimes are typically nonviolent and include offenses like fraud, money laundering, tax evasion, and insider trading.
• Violent crimes – These are offenses that involve violent physical contact against another person.

How Are Criminal Offenses Classified in New Jersey?

New Jersey classifies criminal offenses into three categories, depending on the severity of the alleged crime:

• Municipal ordinance offenses – These are typically low-level, minor offenses within a municipal jurisdiction. Examples include loitering, public intoxication, and noise violations.
• Disorderly person offenses – Sometimes referred to as misdemeanors in other states, these are comparatively less serious offenses that can be tried in municipal court. Petty disorderly person offenses typically involve minor acts of disruption, such as harassment or disorderly conduct. More serious disorderly person offenses include simple assault, shoplifting, and simple drug possession.
• Indictable offenses – Like felonies in other states, these are the most serious crimes in New Jersey and are typically prosecuted in the state’s superior courts. Indictable offenses range in severity from fourth-degree to first-degree crimes. These charges cover crimes such as theft, forgery, armed burglary, aggravated sexual assault, and manslaughter.

Criminal Penalties in New Jersey

Penalties for NJ criminal convictions are determined based on their severity. The following are examples of offenses and their potential penalties:

• First-degree indictable offenses:
  • Examples – Rape, murder, and armed robbery
  • Penalties – 10 to 20 years in prison and a $200,000 fine

• Second-degree indictable offenses
  • Examples – Drug trafficking, sexual assault, and unlawful possession of a firearm
  • Penalties – 5 to 10 years in prison and a $150,000 fine

• Third-degree indictable offenses
  • Examples – Theft, burglary, and possession of a dangerous substance
  • Penalties – 3 to 5 years in prison and a $15,000 fine

• Fourth-degree indictable offenses:
  • Examples – Forgery, cyber harassment, and aggravated assault
  • Penalties – Up to 18 months in prison and a $10,000 fine

• Disorderly persons offenses:
  • Examples – Resisting arrest and simple assault
  • Penalties – Up to 6 months in jail and a $1,000 fine

• Petty disorderly persons offenses:
  • Examples – Disorderly conduct, trespassing, and harassment
  • Penalties – Up to 30 days in jail and a $500 fine

• Municipal ordinance violations:
  • Examples – Underage drinking, public intoxication, and dumping
  • Penalties – Community service and fines

What May Count as an Aggravating Factor?

After a criminal conviction, the judge will consider various factors to determine the appropriate sentencing. An aggravating factor is a circumstance that can worsen the penalties associated with a crime. Examples of aggravating factors in New Jersey include:

• The nature and circumstances of the offense
• The defendant’s role and intent in committing the crime
• Any prior criminal convictions
• Involvement in organized crime
• Receiving payment to commit the crime
• Committing the crime against law enforcement
• Victimizing a vulnerable individual such as a child or elderly person

What May Count as a Mitigating Factor?

Mitigating factors are circumstances or evidence that may result in a lesser sentence or reduced charge. Some common examples of mitigating factors include:

• Lack of criminal history
• The defendant’s age
• Not causing or intending to cause significant harm
• Cooperating with police
• An immediate admission of guilt
• The act was out of character or a one-time occurrence

Are There Other Potential Consequences of a Criminal Conviction?

Aside from prison time, criminal convictions have far-reaching consequences that can affect your life for years to come. Some potential consequences of a criminal conviction include:

• Fines and restitution – If convicted, you may be required to pay fines and restitution to the court, victims, or other parties as part of your sentence.
• Probation – As part of your probation, you may be required to regularly report to a probation officer, comply with travel restrictions, abstain from alcohol or drug use, and fulfill other conditions.
• Loss of professional licenses – Certain criminal convictions may cost you your professional license or certifications. For example, a criminal conviction may jeopardize your career if you’re a lawyer, doctor, nurse, teacher, or other professional.
• Loss of Second Amendment rights – A criminal conviction may strip your right to purchase or possess firearms under state and federal law.
• Sex offender registration – If convicted of certain sex offenses in New Jersey, you may be required to register as a sex offender.
• Immigration consequences – A criminal conviction can also have serious immigration consequences for non-U.S. citizens, including deportation or removal proceedings.

What Is a De Minimis Offense in New Jersey?

In New Jersey, a de minimis offense is minor and has minimal consequences. The de minimis statute allows a judge to dismiss the charges if the defendant’s actions meet specific requirements. A skilled criminal defense attorney in New Jersey can review your case to determine if your charges may fall under this defense.

Contact a Red Bank Criminal Defense Lawyer

If you were charged with a crime in Red Bank, the Law Office of Jason A. Volet can protect your rights and work tirelessly in pursuit of the best possible outcome for your case. Contact us today to discuss your situation with an experienced Red Bank criminal defense lawyer.