We use the know-how derived in these positions to develop a strong defense strategy for each client. As long-time members of the Ocean County legal community, our criminal defense attorneys are proud to stand by clients throughout the criminal justice process, and we are committed to getting charges dropped or reduced whenever possible.
We back up tough talk with legal muscle.
An Overview of Criminal Defense Law
All crimes must be proven beyond a reasonable doubt. Although this is a tough standard, it is important to secure an experienced criminal defense attorney when going up against the State of New Jersey.
The government has immense resources at its disposal, and typically prosecutors only bring charges if they believe that they have a reasonable chance of prevailing on them, based on what they know.
If you have been charged with a crime in Ocean County, our skillful criminal defense attorneys will look at the unique facts of your situation and determine what your strongest defense strategy would be.
Sometimes it is possible to reach a plea deal for lesser charges or a lesser sentence, while in other cases, it is possible to obtain a complete dismissal of the charges. There are other situations in which going to trial may make sense.
As your trusted legal advisor, who is ethically bound to act in your best interests, our criminal defense attorneys will vigorously defend your case by any & all means legally necessary.
Crimes We Often Handle in Ocean County Superior Court and Local Municipal Courts
The job of the police is to service & protect Ocean County, NJ residents from crimes, but that doesn’t mean the police don’t get things wrong on occasion. Being accused of a crime is a serious legal matter that can have a severely negative effect on your life in a multitude of ways.
You need to be prepared to protect yourself and your rights if you have been arrested for a crime in Toms River, Jackson, Brick, or anywhere in Ocean County, NJ.
Hiring an attorney knowledgeable criminal defense lawyer is the best first step you can take following an arrest.
Driving while intoxicated is handled in municipal court, but it is one of the most serious criminal offenses handled there. DWI refers to driving with a blood alcohol concentration of at least .08% or while impaired by drugs.
If you are convicted, the penalties can include hefty fines and a suspended driver’s license, and the penalties are worse for subsequent offenses.
For a first offense conviction in which your BAC was .08-.10, your driver’s license may be suspended for three months. However, if your BAC was .10 or higher, your license will be revoked for 7-12 months. A third DWI conviction requires a judge to order 180 days in jail, and your license will be revoked for 10 years.
A DWI/DUI conviction will remain on a person’s permanent criminal record, which could prevent you from finding employment in the future, destroy your reputation, and follow you around for the rest of your life.
A charge of driving under the influence does not mean that a person is automatically convicted. There are defenses to this charge and our criminal defense attorneys know how this fight is won.
Need an experienced DWI lawyer in Ocean County, NJ? Protect your rights & driving privileges, call us today to book a free consultation.
Drug crimes commonly charged in Ocean County NJ may involve cocaine, heroin, marijuana, other controlled substances, or even prescription medications like oxycontin.
Drug possession is taken very seriously throughout the state of New Jersey. The time to wage a staunch defense of any drug charge is immediately following arrest.
Under N.J.S.A. 2C:35-10, personal possession of a controlled substance is a third-degree crime. However, the consequences are much harsher and more likely to involve time in state prison, when the sale or distribution of drugs is charged.
Without an experienced criminal defense attorney who knows the system inside & out, a drug crime conviction becomes a lot more likely.
Our Ocean County criminal defense attorneys also handle charges of sex crimes.
These include sexual assault, aggravated sexual assault, endangering the welfare of a child, prostitution, criminal sexual contact, human trafficking, lewdness, indecent exposure, Megan’s Law violations, and child pornography.
For example, a sexual assault occurs when there is penetration, regardless of how slight, in a situation involving the use of coercion or physical force or in a situation in which the victim is mentally or physically incapacitated.
Usually, sexual assault is a second-degree crime that carries up to 10 years in prison. However, aggravated sexual assault carries up to 20 years in prison.
Imagine being wrongfully accused of a sex crime, the mental torment would be unending. As criminal defense attorneys experienced in both defending & prosecuting sex crimes in the state of New Jersey, we understand how our clients feel when the world seems against them.
There are many different forms of theft that are prohibited under New Jersey law.
We can defend against charges of burglary, robbery, shoplifting, theft by deception, car theft, theft by unlawful taking, theft of services, and receiving stolen property.
How serious the penalties are for a conviction depends on the grade of the crime. N.J.S.A. 2C:20-2 specifies that it is a second-degree crime to steal property that has a value of at least $75,000, and a conviction can carry a sentence of up to 10 years incarceration and up to $150,000 in fines.
It is a third-degree crime when the value of what is taken is $500-$75,000, and the maximum sentence is up to five years imprisonment and a fine of $15,000.
The consequences of a theft conviction are far-reaching and often collateral; a theft conviction can make it hard to get a job or secure a professional license. Without waging an effective theft defense, these crimes can stay with you for the rest of your life.
The Law Offices of Jonathan F. Marshall will use every weapon at our disposal to fight for your rights, including challenging the legality of the search, & the admissibility of evidence. We will tenaciously investigate your case, and seek a reduction or dismissal of the theft charges, or prepare your theft case for trial.
Assault offenses include simple assault, aggravated assault, disorderly conduct, terroristic threats, and harassment.
Although many people still use the terms “assault and battery” together as if they mean the same thing, they are actually two distinctly separate crimes.
- Assault is an attempt to use force or violence against another person.
- Battery is the actual use of that force or violence.
Charges of assault can fall in the “subjective” area of criminal defense law.
Assault can include deliberately or carelessly causing bodily injury to another person, deliberately threatening another person with bodily harm, or engaging in physical contact with another when you know that contact is unwanted and/or offensive.
A criminal defense lawyer in Ocean County can help you raise a defense, such as self-defense, or challenge the prosecution’s account of what happened.
Whether a certain assault offense will be treated as a misdemeanor or a felony depends on the grade of the offense. Generally, however, harassment cases are heard in municipal court. First-degree assault can result in 10-20 years of incarceration and a $200,000 fine.
In New Jersey, the Prevention of Domestic Violence Act provides extra protection to people who are victims of any type of domestic violence.
People who can be victims of domestic violence include spouses, former spouses, former or present household members, people with a child in common, and people who are or were in a dating relationship.
Someone who is a victim of domestic violence can get a restraining order against someone who allegedly abused him or her. In order to issue a restraining order, the court must find that there is probable cause to believe that there was an episode of domestic violence, and the victim needs the temporary restraining order as protection against future domestic violence.
Having a criminal defense lawyer familiar with domestic violence cases understand how that probable cause quotient is applied.
Weapons charges can arise in many different situations. Many weapons offenses are felonies that can result in time in state prison. Our Ocean County criminal defense lawyers handle weapons charges related to public safety violations, as well as criminal charges like domestic violence or robbery that involve the use of weapons.
In New Jersey, it is a crime to possess a firearm without a special permit or to transport a gun while it is loaded. Under § 2C:39-5, it is a third-degree crime for someone to possess a shotgun or rifle without a firearms identification card or to have a high-powered air handgun without a pistol permit. You can be charged with a second-degree crime if you possess an unlicensed handgun, assault firearm, or machine gun.
We have experienced criminal defense attorneys who aggressively defend individuals charged with crimes involving deadly weapons, guns, and firearms.
Many guns and firearms charges can be charged as either misdemeanors or felonies. Felony guns and firearms charges carry severe potential penalties including a permanent felony conviction on your record, a possible state prison sentence, and restrictions on obtaining housing or employment.
Hiring the right Ocean County NJ guns and firearms lawyer near you will make all the difference in obtaining the best possible outcome for your weapons charge or gun crimes case.
White-collar crimes are usually non-violent crimes committed for financial gain. They frequently violate both New Jersey state law and federal law.
White-collar crimes can include writing bad checks, forgery, embezzlement, Ponzi schemes, mail fraud, wire fraud, securities fraud, and other similar crimes.
What must be shown depends on the particular charges.
For example, you can be charged with a bad check offense under N.J.S.A. 2C:21-5 if you issue or pass a money order or check, knowing that it is not valid and will not be honored by the entity or bank from which it was drawn. There is a presumption of knowledge that a check is bad and will not be honored if an account was closed when the defendant wrote the check if the defendant did not have an account when the check was written, and if the defendant did not make good and cover the check within 10 days of notice that the check had bounced. The potential consequences depend on the value of the check.
These cases tend to be complex, which makes consulting a criminal defense lawyer with experience defending white-collar crimes in the Ocean County NJ criminal justice system especially important.
In New Jersey, most moving violation tickets and traffic summons carry points. If you acquire at least four points, you will face surcharges.
Your driver’s license may be suspended if you accumulate 12 or more points. It is possible to fight traffic tickets and the accumulation of points with the help of an experienced traffic ticket attorney.
At the Toms River, NJ criminal defense law offices of Jonathan F. Marshall, we assist clients with averting points arising out of violations such as DWI, speeding, reckless driving, driving on a suspended license, careless driving, leaving the scene of an accident, driving without insurance, and possession of CDS in a motor vehicle.
Talk With a Knowledgeable Criminal Defense Attorney Near You in Ocean County, NJ
The attorneys at the Law Offices of Jonathan F. Marshall have a record of obtaining successful results for the accused.
- Our Avvo rating is 10.0.
- We have been included among the Top 100 Trial Lawyers by the National Trial Lawyers Association
Our founding partner, Jonathan Marshall, has served as a legal commentator for ABC and other television stations, and he has consulted on television shows about the law.
We are available 24 hours a day and seven days a week at (732) 286-6500 or via our online form.
