Time Limitations pursuant to N.J.S.A. 2c:1-6
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In the New Jersey Code of Criminal Justice, these terms have the following definitions, unless a different meaning plainly applies:
Statute includes the Constitution and a local law or ordinance of a political subdivision of the State.
Act or action means a bodily movement whether voluntary or involuntary.
Omission means a failure to act.
Conduct means an action, omission, and Read more
In an unpublished opinion, the Superior Court, Appellate Division of New Jersey reversed a jury’s guilty verdict for a defendant charged with third-degree terroristic threats,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