Monmouth County NJ Aggravated Arson Defense Attorney
If you have been charged with aggravated arson in Monmouth County it is crucial that you speak to an experienced criminal defense attorney as soon as possible about your options. Aggravated arson is a second degree felony offense in New Jersey and as a result of the new bail reforms, anyone charged with this offense may be detained in the Monmouth County Jail, without bail, pending trial. The new bail reforms which came into play in January of 2017 in essence gives the prosecution the ability to seek to have an individual detained in jail without bail, pending trial. However, in order to do so a Detention Hearing must take place. During that hearing it will be the prosecution’s burden to establish by clear and convincing evidence that the individual needs to be detained to protect society or assure their appearance in court. So it is now crucial that you speak to an experienced criminal defense attorney as soon as possible about your options as these detention hearings need to be contested. If you would like to speak to one of our Monmouth County criminal defense attorneys about detention hearings and your options then please contact us at (732)858-6959.
Looking for Local Freehold Attorney to Handle Aggravated Arson Case
Aggravated arson is a very serious offense in New Jersey and if it is not handled properly it could cost an individual a decade of their life. If you have been arrested and charged with aggravated arson, arson, aggravated assault, burglary, trespassing, disorderly conduct, criminal mischief or any other offense for that matter, we can help. The attorneys at the Law Offices of Proetta & Oliver has been appearing in courts throughout Monmouth County, including the Long Branch Municipal Court, the Asbury Park Municipal Court, the Middletown Municipal Court, the Belmar Municipal Court, the Holmdel Municipal Court, the Manalapan Municipal Court, the Freehold Municipal Court and the Neptune Municipal Court for years. If you would like to come into our Middletown office, which is located at 180 Kings Highway and discuss your options then please contact us at (732)858-6959. We are well aware that these types of charges can occur at all hours of the day as such we try to make ourselves available as much as possible. So, if you have any questions, please do not hesitate to ask. Our initial consultations are free of cost as well.
Facing an Aggravated Arson Cases in New Jersey: 2C:17-1
In layman terms, anyone alleged to have knowingly or purposely set a fire with the underlying intent to cause danger or death to another or with the purpose to be able to collect insurance proceeds, will be charged with aggravated arson. This is a second degree indictable offense and as such, can only be handled in the Superior Court in the county where the incident occurred.
What are the Elements for a 2C:17-1a Charge in NJ?
Arson offenses will be governed by N.J.S.A. 2C:17-1. They have choose to break the offense into two separate offenses; aggravated arson and arson. Aggravated arson is the more serious of the two offenses and it in essence requires the prosecution to prove that the Defendant acted purposely or knowingly when they placed another in danger or death or bodily injury or had the underlying purpose to destroy down the building when they started the fire. This differs from the offense of arson, as with arson, all the prosecution needs to prove acted recklessly when starting the fire. In order to be convicted of aggravated arson in New Jersey the prosecution will need to prove the following elements beyond a reasonable doubt:
- That the Defendant starts a fire on his own property or another; &
- In doing so, the Defendant:
- Purposely or knowingly placed another person in danger of death or bodily injury; or
- Had the purpose to destroy the building of another; or
- Had the purpose to collect insurance proceeds; or
- Had the purpose to destroy or damage a forest.
How to Defend an Aggravated Arson Charge in NJ?
This is a high burden for the prosecution, as they need to establish that the Defendant acted knowingly or purposely when they placed another in danger, destroyed the building or forest. An individual intent is their mindset and it cannot be seen and it can only be determined by inferences drawn from their conduct, their words or their actions. As you can see, this can prove to be problematic for the prosecution and is a good angle for a defense attorney to explore. If you would like to discuss your options with one of our Monmouth County criminal defense attorneys then please contact us at (732) 858-6959.
Will I go to jail if I am Convicted of Aggravated Arson?
Aggravated arson is a second degree felony offense in New Jersey. Anyone convicted of a second degree felony will be facing up to ten years in a State Prison, a fine up to $150,000, a felony criminal record and restitution if applicable. In addition, since this is a second degree felony offense, there is a presumption of imprisonment that applies. To make matters worse, this offense falls under the No Early Release Act, more commonly known by its acronym, NERA. NERA requires that anyone convicted under this act serve at least 85% of their sentence before they can become eligible for parole. For more information on how the No Early Release Act applies in Monmouth County, please click the link.
Aggravated Arson is a Felony Crime in New Jersey
All arson related offenses, including arson and aggravated arson are classified as indictable offenses in New Jersey. In other words, they are felony offenses. Anyone convicted of this crime will have a permanent criminal record for at least five years. After the expiration of five years, if otherwise eligible, the individual could petition the Court to expunge the criminal conviction. For more information on expunging a felony criminal charge in Monmouth County, please click the link.
Contact Aggravated Arson Lawyer in Manalapan NJ
It is evident from reading above, that aggravated arson is a serious felony criminal offense in New Jersey. It is the type of offense that requires the assistance of an experienced Monmouth County criminal defense attorney. If you have been charged with aggravated arson, arson, robbery, burglary, trespassing or aggravated assault, in Monmouth County, the Law Offices of Proetta & Oliver can help. Our office serves all of Monmouth County including towns like Holmdel, Red Bank, Englishtown, Millstone, Neptune City, Freehold Borough and Atlantic Highlands. To speak to one of our Freehold criminal defense lawyers today, please contact us at (732)858-6959.