Lesser Included Offenses under New Jersey Law

Lesser Included OffensesIn an unpublished opinion, the Superior Court, Appellate Division of New Jersey reversed a jury’s guilty verdict for a defendant charged with third-degree terroristic threats, second-degree burglary, and fourth degree stalking. State v. Jose Ortiz. The panel held the judge violated the doctrine of Lesser Included Offenses by failing to charge simple assault at trial.

The news story appeared on nj dot com. This post will summarize the legal doctrine the panel applied to this case. Read more


Burglary under N.J.S.A. 2c:18-2

burglary, N.J.S.A. 2c:18-2The investigation of a November 1st breaking-and-entering by East Greenwich police resulted in charges against Daniel E. Holmes. The burglary allegedly occurred in Clarksboro, New Jersey, at a Heritage’s store on Kings Highway, according to nj.com. Apparently police responded to the scene for an alarm activation, and found the store’s front glass door smashed with a brick. Cigarettes were the only items stolen, according to the media.

Consequently, local authorities charged Holmes with burglary as well as other crimes, according to the press. Additionally, authorities believe Holmes allegedly participated in other recent smash-and-grab Read more