New Jersey Criminal Statute Codes Explained

In New Jersey, criminal and motor vehicle laws are organized under specific statute codes, which outline the legal definitions and penalties for various offenses. Whether facing charges for driving while intoxicated (DWI), assault, or other criminal offenses, it is critical to understand the statutes involved and the potential impact of a conviction.

What Happens if You Are Charged with DWI Under N.J.S.A. 39:4-50?

N.J.S.A. 39:4-50 governs DWI offenses in New Jersey. This statute is comprehensive, detailing the legal blood alcohol concentration (BAC) limits, the consequences of different offense levels, and the penalties that drivers may face.

• Blood Alcohol Concentration (BAC) Limits: In New Jersey, the legal BAC limit for most drivers is 0.08%. Commercial drivers are held to a stricter standard of 0.04%, while drivers under the legal drinking age must adhere to a zero-tolerance policy (0.01% BAC).
• Penalties by Offense Level: DWI penalties increase significantly for repeat offenders, and they include a mix of fines, jail time, community service, and license suspension.

For example:

• First Offense: This usually results in fines ranging from $250 to $400, a jail sentence of up to 30 days, and a potential three-month license suspension. Drivers may also be required to attend an intoxicated driver resource center.
• Second Offense: The penalties increase to include a mandatory 2-year license suspension, heavier fines, and a jail term ranging from 48 hours to 90 days. Repeat offenders may also be ordered to install an ignition interlock device.
• Third Offense and Beyond: This offense can lead to a 10-year license suspension, a minimum of 180 days in jail, substantial fines, and mandatory installation of an ignition interlock device.

Because DWI charges carry significant penalties, seeking legal representation early on can be critical. An attorney can help challenge the accuracy of the BAC test, assess the legality of the traffic stop, or explore other defenses, though penalties are often severe.

Major Criminal Statute Codes

N.J.S.A. 2C:12-1 – Assault Offenses

Assault offenses in New Jersey are defined under N.J.S.A. 2C:12-1, which categorizes assault based on severity and intent. Assault charges range from simple assault, often classified as a disorderly persons offense, to aggravated assault, which is considered more serious and usually an indictable offense.

• Simple Assault: This charge includes incidents that result in minor injuries or attempts to cause injury, and it is typically categorized as a disorderly persons offense. Simple assault often involves situations like bar fights or minor physical altercations. Although it is the least serious assault charge, a conviction can still lead to fines, jail time, and a criminal record.
• Aggravated Assault: This is a more serious charge, often involving a weapon, intent to cause serious harm or situations in which a police officer or public official is injured. Aggravated assault is generally an indictable offense, with penalties that can include significant prison time. The seriousness of the penalties depends on the degree of the offense (second-degree, third-degree, etc.) and can range from 18 months to 10 years in prison.

N.J.S.A. 2C:20-3 – Theft and Robbery Offenses

N.J.S.A. 2C:20-3 covers theft-related crimes, with penalties based on the nature of the theft and the value of the stolen property.

• Theft by Unlawful Taking: This involves taking property without the owner’s permission, with penalties depending on the property’s value. If the value is below $200, it is a disorderly persons offense. However, thefts involving higher values or certain types of property, like vehicles, can result in an indictable offense.
• Robbery: When theft involves force or threats, it becomes a robbery, a much more serious offense. Robbery can be classified as a second or first-degree crime, with penalties ranging from 5 to 20 years in prison, depending on whether a weapon was involved or if physical harm was caused.

Personal Injury Statutes Related to Criminal Cases

Certain New Jersey statutes also apply to personal injury cases when criminal acts lead to harm. Victims of crimes may be able to pursue compensation through civil claims, especially when negligence or intentional harm is involved.

N.J.S.A. 2A:15-5.1 – Comparative Negligence

New Jersey’s comparative negligence statute, N.J.S.A. 2A:15-5.1, outlines how liability is shared when more than one party is partially at fault for an injury. In situations like car accidents, where both the injured person (plaintiff) and the defendant may share responsibility, the court assigns a percentage of fault to each party. If the plaintiff is less than 51% responsible, they may still recover damages, but their compensation will be reduced according to their share of fault.

For example, if someone is injured in an accident and is found to be 20% at fault, their potential compensation will be reduced by that percentage. This statute is particularly important in cases involving DWI or reckless driving accidents, as it can impact the final compensation a victim receives.

Moving Vehicle Violations

New Jersey statute codes include specific violations for drivers who engage in reckless behavior on the road. These offenses are taken seriously due to the potential harm to public safety.

N.J.S.A. 39:4-96 – Reckless Driving

Reckless driving is outlined in N.J.S.A. 39:4-96, which defines it as driving with a willful disregard for the safety of others. Reckless driving charges are often issued in cases involving excessive speeding, street racing, or hazardous maneuvers. Consequences include:

• Fines, which increase with subsequent offenses.
• Possible jail time.
• Points on your driving record, which can lead to higher insurance premiums and, eventually, a license suspension.

N.J.S.A. 39:4-129 – Leaving the Scene of an Accident

Leaving the scene of an accident is addressed under N.J.S.A. 39:4-129, which applies whether the accident involves property damage, injury, or death. Penalties vary but often include:

• License suspension.
• Significant fines and possible jail time, particularly if someone was injured.

This statute is particularly strict in cases involving injuries, as failure to stop and assist can result in severe criminal penalties.

Importance of Legal Representation

Navigating New Jersey’s criminal statute codes can be overwhelming, especially if you are facing serious charges like DWI, assault, or reckless driving. An experienced attorney can help interpret the statutes, assess your case, and present viable defense strategies.

For example:

• In a DWI case, an attorney may examine BAC testing procedures, the legality of the traffic stop, or other procedural errors that could result in a dismissal or reduced penalties.
• For assault charges, your attorney can assess whether there was sufficient evidence to prove intent or evaluate if you acted in self-defense.

Whether you are facing a moving violation, criminal charge, or seeking compensation for a crime-related personal injury, understanding the relevant statute codes and working with a knowledgeable lawyer can significantly affect your case’s outcome.

Contact the New Jersey Criminal Defense and Personal Injury Lawyers at Ellis Law Today to Learn More

Facing criminal charges or seeking justice after an injury can be daunting. The statutes and penalties in New Jersey are complex, and navigating them alone can lead to unexpected challenges. At Ellis Law, our experienced New Jersey criminal defense and personal injury lawyers are here to guide you through every step. Call 732-308-0200 or contact us online for a free consultation. Located in Freehold, New Jersey, we serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.