Kidnapping, N.J.S.A. 2c:13-1

New Jersey State Police recently charged three people for an alleged kidnapping and robbery, per social media. And it all began last December in Cumberland County. One evening a few days before Christmas, the purported victim left his home with a friend. During the departure, two masked men allegedly appeared. Brandishing handguns, the anonymous assailants accosted the victim and the friend. But they directed the friend to leave. And she complied. Nothing in the news release, however, indicates the friend reported any of this to police. Next, the men allegedly commanded the victim to hand over the cash in his possession. And he complied. Additionally, the aggressors allegedly forced the man to return into his home. And he complied. But the victim had no additional money to give the men. Thus, they allegedly forced him to drive at gunpoint to an ATM machine. And he complied. Read More

Escape, N.J.S.A. 2c:29-5

Recently a teenager pleaded guilty for escaping with three other juvenile detainees from a facility in 2017. Indeed, the four adolescents overpowered an Atlantic County juvenile detention center corrections officer. Additionally, they injured the officer and stole his keys, per the news. Furthermore, they fled in his vehicle, sideswiped another vehicle, crashed into a residence, and fled on foot. Moreover, while on the run, they burglarized two homes. Consequently, this youth pleaded guilty to an unrelated charge of first-degree attempted murder, burglary and escape. Accordingly, he will serve a total of 16 years, 11 of which are subject to parole ineligibility, per the news. Read More

Stalking, contrary to N.J.S.A. 2c:12-10

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Lakewood cops charged a New Jersey man with invasion of privacy, stalking, and three counts of burglary, per the news. Arguably this means police have reason to believe the defendant committed burglary three times and the other offenses one time. Indeed, app dot com reported, “On three separate occasions, [the defendant] illegally entered the victim’s residence,” quoting a Lakewood police lieutenant.

But Internet news narratives only report two discreet occasions related to burglary. To begin, police claim the man broke into the married woman’s bathroom and installed a camera facing the shower. Accordingly, this appears to be the basis for one count of burglary. Read More

Criminal Trespass, N.J.S.A. 2c:18-3

Once upon a time, Americans could rely on the news for objective reporting of events—but nowadays, not so much. For example, nj dot com passed off yet another press release from the cops as the news.¹ I addressed this practice previously here and here. Indeed, the site ran a story submitted by the Spring Lake Police Department. And this one involved a man charged with criminal trespass, burglary, and attempted burglary. So, when did the government become a trustworthy and objective source of information? For that matter, why has the site withheld byline credit from the officer who wrote the news release? Read more

Lesser Included Offenses under New Jersey Law

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

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Tag: N.J.S.A. 2c:18-2

Escape, N.J.S.A. 2c:29-5

Stalking, contrary to N.J.S.A. 2c:12-10

Criminal Trespass, N.J.S.A. 2c:18-3

Lesser Included Offenses under New Jersey Law

Kidnapping, N.J.S.A. 2c:13-1

Escape, N.J.S.A. 2c:29-5

Stalking, contrary to N.J.S.A. 2c:12-10

Forgery and Related Offenses, N.J.S.A. 2c:21-1

Criminal Trespass, N.J.S.A. 2c:18-3

Lesser Included Offenses under New Jersey Law