Wayne Criminal Defense Attorney

Assault & Threat Crimes

Although Wayne is one of Passaic County’s more rural municipalities, it nevertheless has its fair share of criminal cases involving assault, threats, or other forms of violence. These types of offenses are referred to as assault and threat crimes in the New Jersey Criminal Code and include simple assault, aggravated assault, robbery, disorderly conduct, terroristic threats, resisting arrest, and eluding. The common thread in all of these charges is some element of force or violence exercised during the course of the conduct. A common byproduct of offenses falling within this heading is the fact that the No Early Release Act (“NERA”) frequently applies in the event of a conviction. NERA mandates that a defendant serve at least eighty-five (85) percent of their sentence before they may be considered for parole. You can find more information on these subjects by consulting our Wayne Simple Assault , Wayne New Jersey Disorderly Conduct, and Wayne NJ Aggravated Assault pages.

Domestic Violence

Another category of criminal offense that frequently arises in Wayne Township is domestic violence. A case falls within this heading if it involves a restraining order or the commission of a criminal offense where the victim is someone who falls under the New Jersey Prevention of Domestic Violence Act. This occurs if the victim is related to the defendant because they are: (1) a spouse or former spouse; (2) sibling; (3) have a child in common; (4) boyfriend or girlfriend (or formerly were); or (5) were in a dating relationship. When a victim falls within any of these categories, conduct is considered domestic violence when it involves simple assault, terroristic threats, aggravated assault, criminal mischief, harassment or one of several other criminal acts. A victim can not only seek a criminal charge but also apply for a temporary restraining order when this is the case. For more information on this subject, refer to our Wayne Domestic Violence page.

Weapon Offenses

Unfortunately, weapons like handguns and firearms have occasion to be possessed illegally in Wayne, Passaic County, and the rest of New Jersey. This is despite the fact that the state has some of the stiffest penalties for unlawful possession of a firearm or other weapon. For example, possession of a handgun without a permit triggers a mandatory minimum sentence of at least three (3) years (I.e. a 5 year sentence with 3 years of parole ineligibility). The situation gets even worse if the accused is a certain person not to possess a weapon or if they possess a firearm during the course of CDS activities (e.g. distribution of CDS). You definitely want to retain an attorney who is accomplished in defending weapon charges if you have been charged with a firearm violation in Wayne because stakes will be extremely high when you case is heard at the Passaic County Superior Court.

Drug Charges

The largest block of criminal charges occurring in the Township of Wayne involve drugs, also referred to as controlled dangerous substances (“CDS”). There is almost endless list of drugs/cds that can result in a charge and includes possession, distribution or possession with intent to distribute just about any drug that either has no recognized medical use or which requires a prescription. There are certainly some forms of cds encountered in Wayne more often than others and we would definitely put marijuana, heroin, Xanax, MDMA (ecstasy/Molly), methamphetamine, cocaine and prescription pain pills (I.e. Oxycodone, Roxycodone and Hydrocodone) in this category.

If you were arrested for possessing drugs illegally or for selling, distributing or intent to distribute, your charge(s) will likely be heard in Paterson at the Superior Court because just about every type of cds involves an indictable crime. We encourage you to refer to our Wayne Drug Possession and Wayne CDS Distribution pages for more detail on these subjects.

Juvenile Delinquency

Whenever someone is a minor and they allegedly commit a violation of a criminal law, they are exposed to Wayne juvenile delinquency charges. This type of offense is different from those filed against an adult in Wayne NJ in numerous ways.

First and foremost, jurisdiction to preside over a Wayne juvenile criminal case rests solely with the Family Part of the Passaic County Superior Court.

Second, your son or daughter’s guilt or innocence will not be decided by a jury but rather a judge because all issues of fact or law are decided in this manner in the Family Division.

Third, the penalties are much different in juvenile court since the primary objective is rehabilitation as opposed to punishment.

Fourth, there is no ability for a defendant to represent themself or to have their parent serve as their counsel. Each and every juvenile must be represented by an attorney in all proceedings.

Sex Crimes

One of the most serious forms of criminal offense someone can be charged with in Wayne or anywhere else is a sex crime. The offenses labelled in this manner are criminal sexual contact, sex assault, aggravated sexual assault, luring, endangering the welfare of a child, lewdness, and child pornography. Many of these charges result in not only severe criminal penalties but also mandatory registration under Megan’s Law, as well as Parole Supervision for Life.

The lawyers at our firm handle many sex cases annually and, in many instances, also have occasion to defend our clients at trial when a favorable resolution cannot be reached. It is imperative that you retain a lawyer who has extensive experience and is prepared to try your case if necessary. We certainly fall within this description.

Theft Charges

Thefts make up a huge block of the annual criminal offenses in Wayne NJ. The most common of these violations involve some form of Wayne shoplifting charge. The municipality also has many individuals charged with burglary, credit card theft and fraud, theft by deception, and even robbery.

The severity of most theft charges filed in Wayne hinges on the value of the money or property stolen. If the value is less than $200 then the theft typically results in a disorderly person offense. Thefts involving property with a value of at least $200 but less than $500 results in a fourth-degree crime.  When someone is accused of stealing at least $500 but less than $75,000, the offense is a third-degree crime.  When a theft involves a loss of $75,000 or more, it results in a second degree crime.

You should also know that there are some theft charges that are graded a certain way irrespective of the dollar value of the property stolen. Robbery, burglary and credit card theft fall within this category.

Our Criminal Attorneys in Wayne New Jersey

The Wayne Police Department is extremely active in writing summons, complaints, and warrants for criminal charges. Logic suggests that you or a loved one learned this lesson first hand as the result of an arrest. The key for anyone in this position is to select the very best attorney to defend your offense. The lawyers at our firm have precisely what you need to accomplish this objective with decades of experience representing clients charged with crimes and disorderly persons offenses arising in Wayne New Jersey. A member of the defense team at the Law Offices of Jonathan F. Marshall is prepared to answer your questions and discuss exactly how we can help you escape a conviction. To obtain a free consultation with a lawyer who has handled many cases just like yours, call (862) 203-4070 anytime 24/7.