Monmouth County NJ Bias Intimidation Lawyer
Unlike most criminal charge in New Jersey, a bias intimidation charge is going to be in addition to other offenses. In other words, traditionally, bias intimidation is not the main charge surrounding the underlying incident in question. With that being said, when it comes to the potential penalties, it is certainly the main charge. Some of the most common underlying criminal charges surrounding a bias intimidation charge include but are not limited to aggravated assault, terroristic threats, harassment, cyber-harassment and robbery. Furthermore, since bias charges are in essence tack on charges, anybody convicted of this offense must have there sentence run consecutive to any other sentence imposed for any of the other underlying criminal charges.
Do I Need an Attorney for a Bias Charge in New Jersey
Bias intimidation is a very serious criminal offense in New Jersey and as you will see below, regardless of the circumstances surrounding the incident, it is going to be considered an indictable offense (felony). To make matters worse, this is one of those types of charges, regardless of the underlying facts, that the State will more likely than not be filing for detention. If that occurs, that means that the State is seeking to convince a Judge that the Defendant must be detained in the Monmouth County Jail, pending trial, without bail. These are just a few of the many reasons that if you or a loved one has unfortunately found yourself in this situation, that we strongly suggest that you contact an experienced criminal defense attorney as soon as possible. If you would like to speak to one of the Monmouth County criminal defense lawyers at Proetta & Oliver, please contact our Middletown office at 732.858.6959. Our attorneys are available 24/7 to help assist in anyway possible and as always, our initial consultations are free of cost.
Charged with Bias Intimidation in NJ?
Bias intimidation charges are governed under NJSA 2C:16-1. In essence, this offense seeks to prosecute those who commit, attempt to commit or conspire to commit a crime against a certain race, color, religion, gender, sexual orientation, gender, national origin or ethnicity with the underlying purpose to intimidate them. So, in other words the State must not only prove the underlying criminal charge but also the fact that the Defendant committed the crime with the specific purpose to intimidate another based on one of the aforementioned reasons.
How Much Jail Time is there for a Bias Charge in NJ?
Bias charges are always considered indictable offenses, which is New Jersey’s version of a felony. The degree of the bias charge can range anywhere from a fourth degree all the way up to a first degree. The underlying degree of the bias charge will be determined by looking at the most serious ancillary criminal charge that formed the basis of the bias charge. The bias charge will always be considered one degree higher than that of the most serious underlying criminal charge. So, for example, if a Defendant is charged with a second degree aggravated assault charge, the bias charge would have to be considered a first degree felony. Here is a quick breakdown of the potential jail time for each potential degree.
- First Degree Felony: 10 – 20 years in State Prison
- Second Degree Felony: 5 – 10 years in State Prison
- Third Degree Felony: 3 -5 years in State Prison
- Fourth Degree Felony: 18 months in State Prison
Bias Intimidation Defense Lawyers in Asbury Park NJ
If you have been charged with a crime in like bias intimidation, simple assault, stalking, burglary, assault by auto, arson or any other offense for that matter in Monmouth County, the Law Offices of Proetta & Oliver can help. Our attorneys have dedicated their careers to defending those accused of crimes in courts throughout Monmouth County, including courts in towns like Howell, Long Branch, Asbury Park, Holmdel, Tinton Falls, Middletown, Keansburg, Matawan, Wall Township, Ocean Township and Belmar. If you would like to schedule a free initial consultation with one of our lawyers, then can you please contact us directly at 732.858.6959 or you can contact us online.