Criminal Defense Lawyers

What You Need to Know About New Jersey Criminal Defense

If you have been arrested or are under investigation for a criminal offense in New Jersey, you must contact an experienced NJ criminal defense lawyer right away.

When searching for an attorney, you must evaluate their reputation, background, and experience.

Our criminal attorneys at Villani & DeLuca, P.C. serve both Ocean County and Monmouth County. We are committed to providing strategic and aggressive representation with our clients' best interests in mind, making every effort to obtain the best result possible.

Our defense attorneys have represented individuals throughout New Jersey on all criminal matters, including drug offenses, theft, assault, disorderly conduct, resisting arrest, fake ID, underage drinking, and more. Since no two cases are alike, we take the time to understand the unique facts and nuances of your case to build the strongest defense possible. Whether this is your first criminal charge or you have prior convictions on your record, we are here to help.

N.J. Criminal Defense Attorneys & Former NJ Prosecutors

At Villani & DeLuca, P.C., our priority is achieving results for you. With experience representing clients charged with crimes throughout New Jersey, we have the knowledge and skill to thoroughly evaluate your case and develop effective legal defenses.

We take pride in treating our clients with professionalism, courtesy, and compassion. Carmine R. Villani, Esq., founding partner of Villani & DeLuca, P.C., is a former Municipal Prosecutor and an experienced New Jersey criminal defense lawyer. Mr. Villani provides superior criminal defense representation across all areas of New Jersey.

When you need a criminal lawyer in New Jersey, you cannot afford to delay seeking representation. Your choice of legal counsel is important. We can help protect your rights from the time of your arrest through your trial and, potentially, expungement. Our experienced criminal lawyers will handle negotiations with the prosecution and judge, seeking reduced or dismissed charges.

If you or a family member has been charged with or is being investigated for a criminal offense, contact Partner Carmine R. Villani, Esq. or Associate Timothy L. Horn, Esq. at 732-709-7757 to schedule a free initial consultation.

How Can We Help?

If you are facing criminal charges in New Jersey, many aspects of your case can benefit from the knowledge of an experienced criminal defense attorney. The criminal defense lawyers at Villani & DeLuca are prepared to provide a detailed analysis of the potential outcome of your case.

Knowing what to expect before your first court appearance is essential. This includes understanding possible jail time, probation, PTI (Pretrial Intervention), conditional dismissal, fines, and penalties associated with your charges.

A New Jersey defense attorney can evaluate whether you may be a candidate for a diversionary program, which may result in the charges against you being dismissed upon completion. These programs include PTI and conditional dismissals. An attorney can also determine whether Drug Court is available for certain drug offenses, or whether ISP may be an option to shorten a period of incarceration.

Being charged with a criminal offense can be overwhelming. It carries the potential for serious short-term and long-term consequences. Whether you have no prior criminal history or an existing criminal record, it is important to be prepared with the knowledge you need to make an informed decision about hiring a defense attorney.

Each person facing criminal charges has a unique set of facts and circumstances. Handling a criminal offense in New Jersey may involve court appearances, discussions with Municipal or County Prosecutors, and careful analysis of every detail surrounding the case.

The New Jersey criminal defense lawyers at Villani & DeLuca are prepared to navigate and analyze the unique facts of your matter. In some situations, original charges may be reduced or dismissed entirely, or a plea bargain can be negotiated with the State. In other circumstances, a trial may be necessary. Our defense attorneys are prepared to defend you and your rights every step of the way.

NEW JERSEY CRIMINAL CHARGES

The first step in reviewing your criminal charges is to evaluate the type and level of the charges. Criminal charges in New Jersey fall into two categories: Crimes and Disorderly Persons Offenses.

Crimes are the equivalent of felonies and are broken down into first, second, third, or fourth degree. They are handled in the Superior Court of New Jersey's Criminal Division and are generally overseen by a County Prosecutor in the county where the incident occurred.

New Jersey has 21 counties, each with its own Superior Court and an appointed County Prosecutor. Cases are generally assigned to an Assistant Prosecutor for prosecution and begin with a review and investigation by the police, county, and investigators.

An experienced New Jersey Criminal Defense Attorney will contact the Assistant Prosecutor handling your case as early in the proceeding as possible. Preliminary discussions often result in a case being resolved before the matter is sent to the Grand Jury for an indictment. Pre-indictment is frequently the best time to resolve a case.

An experienced attorney will know how to best resolve your case based on the facts, the State's evidence, and your prior criminal record. Diversionary programs such as PTI (Pretrial Intervention) are often a good option for those with no or minimal prior criminal record who want to avoid a conviction on their record.

If a matter is not classified as a "Crime" under New Jersey Statutes, it may be a Disorderly Persons Offense. These are lower-level offenses with no possibility of imprisonment, which in New Jersey is defined as incarceration exceeding 364 days.

Disorderly Persons Offenses carry a maximum period of six months in the County Jail and a $1,000.00 fine. However, jail is not imposed in most cases. It is typically reserved for situations involving aggravating factors or a defendant with a significant criminal history.

WILL MY CASE BE HEARD IN MUNICIPAL COURT OR SUPERIOR COURT?

Municipal Courts are designated by the New Jersey Supreme Court to handle all Disorderly Persons matters with a maximum jail term of six months. Petty Disorderly Persons Offenses carry a maximum jail term of 30 days. Traffic and motor vehicle violations, and township zoning and code violations of local ordinances also fall within the jurisdiction of Municipal Court.

Each municipality in New Jersey has its own Municipal Court. In recent years, however, many joint or shared courts have been established for budgetary and other reasons. These shared courts may handle cases for multiple municipalities, sometimes holding court in neighboring towns' courthouses.

Each town has a Municipal Court Judge and Prosecutor and, in most instances, its own Township Police Department. Certain areas may fall under the jurisdiction of the New Jersey State Police. Although the physical court may be located in another township, the Judge, Prosecutor, and Police Department are generally from the municipality where the arrest or charge occurred.

Municipal Courts follow similar procedures, but because each court has a different Judge and Prosecutor, the manner in which proceedings are conducted can vary from town to town. There are 21 counties in New Jersey and 565 municipalities within those counties, ranging from Townships and Boroughs to Cities and Villages.

Criminal Law Practice Areas Include:

Assault Offenses (N.J.S.A. 2C:12-1): In New Jersey, an assault occurs when a person injures or attempts to injure another without legal justification. Assault can be charged as either simple assault or aggravated assault.

Computer Crimes: Statutes governing computer crimes have been amended in recent years to keep pace with evolving technology. All computer-related criminal activity is considered an indictable offense in New Jersey, ranging from first to fourth degree depending on the circumstances.

A person is guilty of computer criminal activity if they purposely or knowingly access, alter, damage, take, copy, or use any data, program, equipment, network, or other computer media without authorization. A person charged with a computer crime may also face a separate charge for wrongful computer access and, if found guilty, a separate sentence for each conviction.

Criminal Mischief (N.J.S.A. 2C:17-3): Criminal mischief in New Jersey is a crime against someone else's property. When a person intentionally damages another's property or creates a situation that poses danger to someone else or their property, a criminal mischief charge is likely to follow.

Depending on the monetary value of the damage, a criminal mischief charge can be either a third- or fourth-degree crime. Both are serious charges that can negatively impact future employment and property rental prospects.

Disorderly Conduct (N.J.S.A .2C:33-2): New Jersey's disorderly conduct laws criminalize a variety of disruptive behaviors, from fighting and blocking a road to picketing a funeral or falsely reporting a fire. What these acts share in common is that they are likely to upset, anger, or annoy others.

Domestic Violence & Restraining Orders: Domestic violence is a serious matter. Being accused of it can result in life-changing consequences, including criminal prosecution and the entry of a restraining order against the individual charged.

Drunk Driving (DWI/DUI) N.J.S.A. 39:4-50 Driving while intoxicated is against the law in New Jersey, as it is everywhere across the nation. A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence.

New Jersey is a zero-tolerance state. The implied consent law requires you to take a breath test after a DWI arrest. Refusing to do so can result in penalties that, in some instances, are harsher than a first-offense DWI.

BAC evidence is not necessarily required to prove a DWI in court. Without it, prosecutors rely on police officer observations and Standardized Field Sobriety Testing (SFST). You can be convicted of a DWI even without a blood alcohol reading if the officer testifies that, in their opinion, you were impaired.

Fake ID's (N.J.S.A 2C:21-2.1): Falsifying government documents in New Jersey is a crime. Identity theft occurs when you obtain, possess, or use someone else's information with the intent to fraudulently use it to your benefit.

Obstruction of Justice (N.J.S.A. 2C:29-1): Under New Jersey law, obstruction of justice is classified as a disorderly persons offense. A person obstructs justice if they purposely impair the administration of law or prevent a public servant from performing an official function.

Such obstruction can occur through flight, intimidation, force, violence, or physical interference. If the actor interferes with the investigation or prosecution of a crime, the charge is elevated to a fourth-degree crime.

Resisting Arrest (N.J.S.A. 2C:29-2): Under New Jersey's resisting arrest law, a person is guilty when they purposely prevent a law enforcement officer from effecting a lawful arrest.

Theft Charges (N.J.S.A. 2C:20-3): New Jersey criminal statutes define theft as the unlawful taking or exercising of control over someone else's property with the intent to deprive the owner of that property.

Trespassing (N.J.S.A. 2C:18-3B): An individual may be charged with trespassing under a variety of circumstances, such as refusing to leave a bar or entering an unauthorized area of a property. Defiant trespassing is considered a petty disorderly offense. If convicted, you could receive up to 30 days in jail and a fine of $500.00.

Criminal Charges We Defend in NJ

• Assault
  • Simple Assault
  • Aggravated Assault
  • Assault on a Police Officer
  • Assault by Auto
• Bulgary
• Computer Crime
• Criminal Mischief
• Disorderly Conduct
• Domestic Violence / Restraining Orders
• Drug Offenses
  • Drug Distribution
  • Drug Paraphernalia
  • Drug Possession
  • First Time Drug Offense
  • Marijuana Offenses
  • Heroin Offenses
  • Possession with Intent to Distribute
  • Prescription Drugs
• Drunk Driving (DWI/DUI)
• Fake ID
• Lewdness
• Obstruction of Justice
• Prostitution
• Resisting Arrest
• School Employee Disqualification
• Shoplifting
• Theft
• Trespassing
• Underage Drinking

Frequently Asked Questions:

1. What should I do if I am contacted by the police for questioning?

If you are contacted by law enforcement, you have a constitutional right to remain silent and a right to an attorney. It is highly recommended that you do not provide a statement or sign any documents until you have spoken with a criminal defense attorney.

New Jersey courts continue to emphasize that anything you say can and likely will be used against you. A lawyer can act as a vital barrier between you and the prosecution, ensuring your rights are protected from the very beginning of an investigation.

2. How does the bail and pretrial release process work in New Jersey?

New Jersey operates under a risk-based bail system rather than a money-based one. Following an arrest, a Public Safety Assessment (PSA) is used to determine whether a defendant should be released or detained pending trial.

Recent updates have placed a higher emphasis on certain violent offenses and technological crimes, making the initial detention hearing more critical than ever. A criminal defense lawyer can represent you at this hearing to argue for your release under the least restrictive conditions possible.

3. What is the difference between a "disorderly persons offense" and a "crime"?

In New Jersey, "crimes" are indictable offenses similar to felonies in other states, while "disorderly persons offenses" are handled in Municipal Court and are similar to misdemeanors. The penalties for each are significant:

• Disorderly Persons Offenses: Up to six months in jail and $1,000 in fines

• Indictable Crimes: Range from fourth-degree (up to 18 months in prison) to first-degree (10 to 20 years or more)

A conviction for either can result in a permanent criminal record, which is why having an experienced criminal defense attorney is essential.

4. Are there programs to avoid jail time for first-time offenders?

Yes. New Jersey offers several diversionary programs, including Pre-Trial Intervention (PTI) for indictable crimes and Conditional Discharge or Conditional Dismissal for municipal offenses. If you complete these programs, the original charges are dismissed.

Recent legislative efforts have aimed to expand eligibility for these programs to include more non-violent offenses, focusing on rehabilitation rather than incarceration. You can learn more about these options on our Municipal Court page.

5. What are the long-term consequences of a criminal conviction?

Beyond potential jail time and fines, a conviction can impact your employment, housing, and professional licenses. However, New Jersey's "Clean Slate" law and updated expungement procedures have made it easier for many individuals to have their records cleared after a period of crime-free living.

A criminal defense attorney can help you resolve your current case with an eye toward your future eligibility for record sealing.

Why Choose Us?

The team of criminal defense lawyers at Villani & DeLuca has served the New Jersey community for over two decades. Our attorneys represent clients across the state in matters including traffic violations, disorderly persons offenses, disorderly conduct, theft, drug offenses, and assault charges in both Municipal and Superior Courts.

Founding partner Carmine R. Villani has served as both a Municipal Prosecutor and Public Defender in various New Jersey municipalities. Partner Timothy L. Horn was a Judicial Clerk for a Superior Court Criminal Judge and has over a decade of experience representing defendants in criminal matters.

If you are facing criminal charges in New Jersey, your case must be handled by an attorney with the appropriate knowledge and experience to achieve the best possible results. The defense attorneys at Villani & DeLuca are dedicated to aggressively defending your case and providing quality representation you can trust.

AWARDS & ASSOCIATIONS

A conviction for a criminal offense in New Jersey can become part of your permanent record. If you are later convicted of another crime, the court can consider your prior conviction and impose a harsher sentence. Our attorneys have extensive knowledge of the New Jersey legal system and can begin building a defense strategy for you immediately.

A criminal defense lawyer at our firm can review the charges you face, examine the police report, answer your questions, and outline the next steps to help ensure the best possible outcome. The attorneys at Villani & DeLuca can be reached 24 hours a day, 7 days a week.

Call 732-709-7757 today to schedule your free consultation.