Speak With The Criminal Defense Attorneys Of Villani & DeLuca, P.C.
If you have recently been charged with a criminal offense—be it a disorderly persons charge or a felony—you are surely in a state of regret and confusion. It is time to contact a criminal defense attorney you can trust to help you work through your current situation. Consider speaking to one of the criminal defense attorneys at Villani & DeLuca, P.C.
Villani & DeLuca, P.C. has over 20 years of experience defending clients facing criminal charges in New Jersey. These criminal charges can result from a wide variety of situations; a simple mistake or lapse in judgment can land you in trouble with New Jersey law enforcement. For example, our attorneys have successfully defended clients charged with theft crimes, drug crimes, and crimes of violence. These categories in and of themselves contain subcategories of additional charges. By virtue of this extensive experience, no criminal matter is too difficult for our attorneys to take on.
With offices in Wall Township and Point Pleasant Beach, Villani & DeLuca P.C. has special knowledge of the Ocean and Monmouth County court systems. If you are facing criminal charges in Ocean or Monmouth County, contact the law firm of Villani & DeLuca today. We offer free initial consultations in which you may describe your circumstances to a criminal defense attorney. Our attorneys are here to provide you with personalized and efficient legal counsel, with the attention to detail that wins cases. Do not let one lapse of judgment or night out at the Jersey Shore ruin your criminal record.
We represent people facing the following charges.
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Assault: This crime varies in degree. We have defended clients facing the following types of assault, for example.
- Simple assault J.S.A. 2C:12-1a: Assault occurs when one person injures or attempts to injure another person. Depending on the seriousness of the victim's injury and whether or not the offender used a weapon to cause the injury, the crime level may be elevated to that of an “aggravated assault.”
- Aggravated Assault J.S.A. 2C:12-1b: Aggravated assault involves a greater degree of force. Depending on the severity of the assault, the penalties for aggravated assault increase. It is important to note that certain employees receive special protection from the crime of assault, and thus if a simple assault is carried out against them, the crime is automatically elevated to an aggravated assault. These employees include law enforcement officers, employees of utility companies, and certain health care employees.
- Theft J.S.A. 2C:20-3: Theft is the unlawful taking or unlawful control of property that belongs to another person or business, with intent to permanently deprive the owner of the property. Like other criminal charges, theft varies in degree. The value of the stolen item will dictate under which degree of theft you will be charged, and charges range from a disorderly persons offense to a second degree crime. Penalties include thousands of dollars in fines and even possible jail time.
- Obstruction of justice J.S.A. 2C:29-1: This offense includes situations in which someone purposely prevents a public official from doing his or her job. This prevention is done through flight, intimidation, force, violence, or physical interference. Threatening words with simultaneous threatening actions will likely constitute obstruction of justice in the eyes of the law. Examples include being uncooperative during an investigation, preventing someone else's arrest, or lying to a police officer. This is often charged as a disorderly persons offense or fourth degree crime.
- Lewdness J.S.A. 2C:14-4: “Lewdness” is engaging in disturbing or offensive behavior in front of other non-consenting viewers. Lewdness charges often result from drunken decisions to engage in behavior that is inappropriate in the community's eyes. Typical examples of lewd acts include public urination, public masturbation, or flashing. A lewdness conviction poses harsh consequences, such as fines and jail time, along with a lasting stigma.
- Criminal mischief J.S.A. 2C:17-3: This disorderly persons offense targets behavior that causes damage to property. This includes graffiti, vandalism, tampering with gas and water mains, or tampering with a grave or crypt. Penalties for criminal mischief increase depending on the value of the damage done.
- Trespass J.S.A. 2C:18-3: This offense is defined as entering or secretly remaining on property without permission or authority to do so. New Jersey categorizes trespassing into three distinct situations: defiant trespassing, unlicensed entry of structures, and peering. Thus, the penalties for trespassing depend on how the offender actually trespassed. If you have been charged with trespassing, you will need a criminal defense attorney to help you assert your defense.
- Disorderly conduct J.S.A. 2C:33-2: Disorderly conduct includes behavior that causes a reckless risk or inconvenience to the public. Frequent examples include public intoxication, fighting, threatening remarks, or offensive language. This offense is classified as a petty disorderly persons offense, but can become more serious for repeat offenders or someone convicted of additional crimes.
- Fake ID J.S.A. 2C:28-7: Fake ID charges are quite common for young people here at the Jersey Shore. It is illegal for anyone to make, sell, or present a document with false identification information. Fake ID disorderly persons charges may arise under the “tampering with public records statute,” or under N.J.S.A. 33:1-81, known as “misrepresenting age to induce sale or delivery to a minor.” If the offender presents a fake ID to a police officer during a traffic stop, he or she will face even harsher penalties than if they were to present the fake ID at a bar or liquor store.
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Drug crimes: The criminal defense attorneys at Villani & DeLuca handle a range of different drug offenses. Examples of common drug charges include:
- Possession of a Controlled Dangerous Substance J.S.A. 2C:35-10: It is illegal for any person to obtain or possess, actually or constructively, a controlled dangerous substance. Penalties for drug possession depend upon the type and quantity of the drug the offender was found possessing. For example, penalties will be increased if the offender possessed drugs with a higher potential for abuse, such as cocaine or heroin. Additionally, if the offender was apprehended in a school zone, they will face heightened penalties.
- Possession of Drug Paraphernalia N.J.S.A. 2C:36-2: The drug paraphernalia statute defines such objects broadly in order to capture any and all items commonly associated with drug use. Examples include bongs, pipes, syringes, capsules, and rolling papers. Needless to say, drug paraphernalia includes all items used in the ingestion, production, preparation, or storage of drugs. This is a disorderly persons offense in New Jersey.
- Manufacture or Distribution of Controlled Dangerous Substances J.S.A. 2C:35-5: Drug manufacturing and distribution are heavily penalized in New Jersey. Distribution of drugs is defined as the transfer of drugs from one person to another. It is also illegal to have drugs in your possession with the intent to distribute them to another. Penalties for this offense vary depending on the type and quantity of drug the offender had in their possession.
Other areas:
- Restraining orders J.S.A. 2C:29-9: Restraining orders are meant to protect one person from another. The issuance of a restraining order prohibits one party from contacting or communicating with the other. A temporary restraining order can be obtained quickly in order to protect the victim as soon as possible. Final restraining orders require a hearing, and do not expire unless dropped by the plaintiff after a court hearing. Violation of a restraining order will expose the offender to serious penalties, including possible jail time.
- Expungement N.J.S.A. 2C:52-1: If you have been charged with a criminal offense in the past, you will be burdened with a criminal record. An unclean criminal record can affect your livelihood, making it more difficult to obtain employment or financial aid for your education. Hence, these effects are long-lasting. However, you may be eligible to file a petition with the New Jersey court system for an expungement. An expungement is the removal and isolation of all records on file within any court, detention, or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. If you have criminal charges on your record, you should find out whether or not you are eligible for an expungement. Call us today to inquire about your eligibility.
Criminal Defense at Villani & DeLuca, P.C.
The criminal justice system is certainly complex and unfamiliar to many individuals who find themselves facing charges. The best course of action is to speak to an experienced criminal defense attorney as soon as possible after being charged with a crime. The advice of an experienced criminal defense attorney can help make the difference between a criminal record, exorbitant fines, and jail time—or the dismissal of your charges. Our criminal defense attorneys, founding partner Carmine R. Villani Esq. and Timothy Horn, Esq. have comprehensive experience handling criminal defense matters, especially the particular charges listed above. You have rights—let us protect them!
