Asbury Park NJ Carjacking Lawyers
Carjacking is one of most serious criminal offenses in New Jersey. Pursuant to the new bail reforms, a Defendant arrested and charged with carjacking in Monmouth County runs the risk of now being detained in the county jail without bail, pending trial. However, in order to do so, the prosecution must first file for a Detention Hearing. These hearings can be and should be contested. So the days of being issued a bail ranging anywhere from $100,000 to $250,000 without a 10% option are long gone. In addition, as we will address below, if convicted of carjacking in New Jersey a Defendant could face up to thirty (30) years in a State Prison plus a fine up to $200,000. As you can tell these are extremely serious charges and require the assistance of an experienced Monmouth County criminal defense attorney. The Law Offices of Proetta & Oliver is an experienced Monmouth County criminal defense firm. Mr. Oliver, one of the firms founding partners, has dedicated his entire career to defending those accused of crimes in courts throughout New Jersey. If you have been charged with robbery, carjacking, aggravated assault, unlawful possession of a weapon, possession of a weapon for unlawful purpose or terroristic threats in Monmouth County, we can help. Our firm serves all of Monmouth County, including towns like Hazlet, Howell, Freehold, Asbury Park, Long Branch, Neptune, Middletown, Holmdel, Tinton Falls, Eatontown, Red Bank and Ocean Township. If you would like to schedule a free initial consultation today with Mr. Oliver or one of our other attorneys then please contact us at (732)858-6959. Our initial consultations, unlike other firms include a face to face consultation at which point we will go through the facts of your case and what some of your options may be. If you have any questions please do not hesitate to contact us, these are extremely serious charges that carry life changing consequences and should not be taken lightly. Now here is some key information on the offense of carjacking, including what the prosecution must prove beyond a reasonable doubt before a Defendant could be convicted.
Carjacking Lawyers in Long Branch NJ
Carjacking Charges in NJ: N.J.S.A. 2C:15-2(a)
Carjacking is a first degree felony (indictable) offense in New Jersey. It is governed by N.J.S.A. 2C:15-2(a). To be convicted of carjacking in New Jersey the State must prove beyond a reasonable doubt three material elements, they are as follows:
- That the Defendant was in the course of committing a theft of a motor: &
- That while in the course of committing the theft of a motor vehicle the Defendant did one of the following:
- Knowingly inflicted bodily injury or used force upon an occupant or person in possession or control of a motor vehicle; or
- Knowingly threatened an occupant or person in control with, or purposely or knowingly put an occupant or person in control of the motor vehicle in fear of, immediate bodily injury; or
- Committed or knowingly threatened immediately to commit a first or second degree felony; or
- Knowingly operated or caused the motor vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.
In essence to prove a theft of a motor vehicle occurred the State must show that the Defendant took, operated or exercised control over the vehicle in question, without receiving consent of the owner or any other person authorized to give consent. Also they must show that the Defendant committed the theft with the underlying purpose to either permanently deprive the owner of the vehicle or temporarily withhold the vehicle from the owner or other person in control of the vehicle.
What are the Penalties if convicted of Carjacking in NJ?
Carjacking is a first degree indictable offense in New Jersey. If convicted, a Defendant could face anywhere from ten (10) to thirty (30) years in a New Jersey State Prison and a fine up to $200,000. In addition, this offense is subject to the No Early Release Act (NERA). NERA requires that a Defendant to serve at least 85% of their sentence before they can become eligible for parole. In addition, just to show how severe this offense is, a typical first degree felony offense is punishable by up to twenty (20) years in a State Prison. So, as you can tell the legislature thought this offense was so egregious that it required a potential additional ten (10) year prison sentence. For more information on NERA please click the link here or contact our office at (732)858-6959.
Experienced Carjacking Attorneys in Monmouth County NJ
As you can tell from reading above the applicable penalties if convicted of carjacking in New Jersey are devastating. If you have been charged with carjacking, heroin distribution, aggravated assault, unlawful possession of a handgun, armed robbery or burglary the Law Offices of Proetta & Oliver can help. Our attorneys have represented clients charged with various criminal offenses in towns throughout Monmouth County, including towns like Howell, Neptune City, Freehold Borough, Keyport, Union Beach, Keansburg, Red Bank, Long Branch and Wall Township. If you would like to have a free face to face consultation with one of our attorneys then please contact us directly at (732)858-6959.