Brick Township Criminal Lawyer

If you have been charged with an indictable offense, disorderly persons offense, DWI, DUI, refusal, or motor vehicle violation in Brick Township, call the experienced Brick Township criminal defense lawyers of Villani & DeLuca, P.C. at 732-892-9050 for a free initial consultation. Located just a short 7 miles away from Brick Township Municipal Court, the Point Pleasant Beach law offices of Villani & DeLuca are prepared to defend against your Brick Township charges.

Lifelong resident of Brick Township and former Municipal Prosecutor, Carmine R. Villani, Esq., has been practicing law in New Jersey since 1992. As both a Municipal Prosecutor and a criminal defense attorney, Mr. Villani has handled hundreds of criminal, DWI, DUI, refusal, and other serious motor vehicle violation cases. Mr. Villani served as a Municipal Prosecutor for the Township of Colts Neck in 1996 and for the Township of Keansburg in 1999. On the criminal defense side, Mr. Villani served as a Public Defender for Point Pleasant Beach, as well as the Conflict Public Defender for both Point Pleasant Beach and Brick Township. Mr. Villani currently serves as a Public Defender for Colts Neck and Bay Head.

Associate and long-time Brick Township resident, Timothy L. Horn, Esq., has been with Villani & DeLuca since 2002 and handles disorderly persons, DWI, DUI, motor vehicle violations, and personal injury cases. Prior to joining the New Jersey criminal law offices of Villani & DeLuca, Mr. Horn served as a Judicial Law Clerk to the Honorable Edward J. Turnbach, J.S.C. of the Superior Court of New Jersey in the Ocean County Criminal Division.

Both Mr. Villani and Mr. Horn are graduates of Brick Township High School.

Contact the experienced Brick criminal defense attorneys of Villani & DeLuca at 732-892-9050 for a free initial consultation today.

With over 75,000 year round residents, Brick Township, New Jersey is the second largest municipality in Ocean County. Encompassing just over 32 square miles containing three municipal oceanfront beaches, Brick Township is also large in physical size. Brick Township is close in proximity to Point Pleasant Borough, Point Pleasant Beach, Brielle, Wall Township, and Toms River. Traffic flows through Brick Township on the busy roads of Route 70, Route 88, Brick Boulevard, and a portion of the Garden State Parkway. Popular destinations within Brick Township are the Brick MUA reservoir, Marina Grille, Pilot House, various shopping plazas, and Ocean Ice Palace.

Disorderly Persons Offenses in Brick Township

Given the large population it is no surprise that an estimated 636 disorderly persons offenses were written in Brick Township in 2010 alone. Disorderly persons offenses are a general category of offenses less serious than indictable offenses of varying degrees and are commonly written by Brick Township Police. If you are convicted of a disorderly persons charge:

  • You can face a $1,000.00 fine.
  • Can be ordered to pay restitution.
  • Can be ordered to spend up to six months in jail.
  • Can be forced to pay other monetary fines and penalties.

Disorderly Conduct in Brick Township (N.J.S. 2C: 33-2)

Disorderly conduct is a disorderly persons offense that is written when a person is caught:

  • Fighting
  • Threatening
  • Engaging in violent or tumultuous behavior
  • Creating a hazardous or physically dangerous condition
  • Engaging in unreasonably loud, offensive or abusive language.

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-892-9050.

Simple Assault in Brick Township (N.J.S. 2C: 12-1)

Simple assault may be written by Brick Township Police when a person:

  • Attempts to cause; or
  • Purposely, willingly, or knowingly causes bodily harm to another; or
  • If he/she negligently causes injury with a deadly weapon; or
  • Puts another person in fear of an imminent physical harm

 

Possession of Drugs in Brick Township (N.J.S. 2C:35-10; and N.J.S. 2C:36-2)

Possession of illegal drugs and/or illegal drug paraphernalia is a common charge written by the Brick Township Police Department.

  • If found with less than 50 grams of marijuana or hashish, you will most likely be charged as a disorderly person.
  • Possessing over 50 grams can lead to indictable offenses of varying degrees.
  • Drug paraphernalia is classified as anything used to grow, distribute, or introduce an illegal drug into the body.
  • Being caught in possession of drug paraphernalia can lead to a disorderly persons charge

Criminal Mischief in Brick Township (N.J.S. 2C: 17-3)

Criminal mischief is a disorderly persons offense simply defined as destruction of property under $500.00. A person can be charged with criminal mischief when:

  • He or she purposely or knowingly damages the tangible property of another person;
  • Recklessly or negligently causes property damage in the employment of a fire; or
  • A renter causes damage to the rental property in retaliation for eviction proceedings.

A conviction for criminal mischief can lead to the standard disorderly persons penalties including restitution for the value of the damage. However, as the cost of the damage increases over the $500.00 statutory limit, you could be charged with an indictable offense in the 3rd or 4th degree.

Call the experienced Brick criminal defense lawyers of Villani & DeLuca today for a free initial consultation at 732-892-9050.

Shoplifting in Brick Township (N.J.S. 2C: 20-11)

Shoplifting is a serious offense in Brick Township and can be charged as either a criminal offense or disorderly persons offense depending on the severity of the theft. If you have carried merchandise out of store and the item’s full retail value is less than $200.00, you may be charged with a disorderly persons offense. As the item’s full retail value increases, so does the degree of the offense. It is important to realize that you can also be charged with shoplifting if:

  • You conceal the item on your person or otherwise with the intent to deprive the rightful owner of title to the item
  • You change the price tags to a lower price with the intent to deprive the merchant of the full retail value of the item.
  • Move items from one container to another with the intent to deprive the merchant the full retail value of the item.

Trespass in Point Brick Township (N.J.S. 2C: 18-3)

Trespass in Brick Township and all of New Jersey is broken into a few distinct sub categories. Perhaps the most common is defiant trespass. A person is a defiant trespasser if he or she had knowledge that entry to the land was prohibited. Notice or knowledge can be gained by actual communication to the actor, a sign or posting, or fence or enclosure. Violation of this statute in Brick Township will result in a petty disorderly persons offense. The actor will be liable for a crime in the fourth degree if he enters a structure or dwelling and remains and has notice that entry is prohibited. If you are charged with either a 4th degree crime or petty disorderly persons offense in Brick Township, there may be some affirmative defenses that an experienced lawyer can explain to you if they are available to you.

Resisting Arrest in Brick Township (N.J.S. 2C: 29-2)

If you have been charged with an offense that warrants an arrest, you could also be charged with the disorderly persons offense of resisting arrest if you do in fact resist law enforcement. Some common scenarios in Brick Township include but are not limited to:

  • If approached by a law enforcement officer and you purposely prevent or attempt to prevent that officer from arresting you, you will be charged with the disorderly persons offense of resisting arrest.
  • If you attempt to elude the officer by running or escaping, you can be charged with an indictable offense in the 4th degree.
  • If you use or threaten to use physical violence on the officer to prevent arrest, you might be charged with an indictable offense in the 3rd degree.

Resisting arrest offenses most often occur when a law enforcement officer attempts to break up a fight or a scuffle, but is also written when an individual uses force with the officer during their arrest.

If you have been charged with any disorderly persons or indictable offense, contact the experienced Brick Township criminal defense attorneys of Villani & DeLuca at 732-892-9050 today for a free initial consultation.

DWI, DUI and Refusal in Brick Township (N.J.S. 39: 4-50 and N.J.S. 39: 4-50.2)

In 2010, Brick Township saw 313 DWI, DUI, and refusal charges written by police officers. DWI, DUI, and refusal charges, while not criminal, are very serious. Partner, Carmine R. Villani has been trained by manufacturer, Draeger Safety Diagnostics, to operate the Alcotest® 7110 MKIII-C breath test machine. Mr. Villani is one of a very few number of New Jersey criminal defense attorneys trained by Draeger to operate the machine and to perform a New Jersey specific breath test. Proper functioning of the device must be questioned if it is the reason you are being charged with a DWI. Currently, the Alcotest® is the only machine used by the Brick Township Police Department and law enforcement officials all throughout New Jersey.

To be written a DWI, the motorist must be driving his/her vehicle under the influence of intoxicating liquors or drugs (legal or illegal). In order to be charged and convicted with a DWI or DUI the officer must believe and testify that the individual was intoxicated. At trial, the officer could testify that the individual was staggering, had slurred speech, glassy eyes, or fumbled while producing documentation. He could also testify to any number of other psychophysical indicators of intoxication or impairment. It is important to note that an individual can be charged with a first tier, first offense DWI without a BAC reading or a BAC reading below the statutory limit of 0.08%. However, if an Alcotest® reading is properly obtained, any reading above 0.08% will result in a per se DWI or DUI violation. Penalties increase depending on the motorists BAC level (the higher the level, the more severe the penalty.) Penalties for a first offense can include: (1) forfeiture of license for up to 1 year, (2) a fine of $500.00 plus other administrative fees and penalties, (3) up to 30 days in jail, (4) participation and fulfillment of the fees and requirements of the Intoxicated Driver Resource Center (IDRC), and (5) at the courts discretion (but becomes mandatory if BAC is over 0.15%) the installation of an ignition interlock device might be required.

For a second DWI or DUI offense the intoxicated motorist could face: (1) fines of up to $1,000.00, (2) up to 90 days in jail, (3) forfeiture of license for up to two years, (4) participation and fulfillment of the fees and requirements of the (IDRC), and (5) mandatory installation of an ignition interlock device. If convicted for a third or subsequent offense the offender could (1) lose their license for up to 10 years, (2) spend no less than 180 days in jail, (3) face a fine of up to $1,000.00, (4) participation and fulfillment of the fees and requirements of the (IDRC), and (5) be forced to install an ignition interlock device in their motor vehicle. If you refuse to submit to either a breath test or a blood test, you could be charged with refusal and face similar penalties.

If you have been charged with a DWI, DUI, or refusal, call the experienced Brick DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation today.

Motor Vehicle Violations in Brick Township (N.J. Title 39 Violations)

Brick Township saw an estimated 4,000 motor vehicle violations in 2010. Brick Township Police Officers write tickets for: speeding, failure to observe a traffic signal, reckless driving, careless driving, and illegal lane change. Whether you were speeding on Route 70 or failed to stop at a red light on Brick Boulevard, the experienced Brick motor vehicle violation lawyers of Villani & DeLuca can help. Call today for a free initial consultation 732-892-9050.