Violent Crime Charges FAQ

When you are arrested on charges that you committed a violent crime, a stream of questions may go through your head. It makes sense to arm yourself with information, as well to make contact with an experienced criminal defense attorney.

In the Toms River area, David T. Schlendorf Criminal Defense Law Offices offers proven and effective defense against a wide range of criminal charges, including violent offenses. Call 866-895-9668 for more information about how we can help you.

Q: How is violent crime defined?

A: Nationally, the FBI has a Uniform Crime Reporting (UCR) system that defines violent crime as offenses involving force or the threat of force. Under the UCR, four smaller sets of offenses are grouped together under this definition. These groups start with homicide (murder and non-negligent manslaughter). The other three are rape (forcible, as opposed to statutory), robbery and aggravated assault.

Q: Are most violent crime offenses state or federal?

A: Traditionally, most core offenses involving force or the threat of force have been state offenses. But there are also some federal crimes that are classified as violent crimes.

Q: What are the penalties for violent crime?

A: The New Jersey Legislature abolished the death penalty in 2007. This made New Jersey the first state in the U.S. to prohibit capital punishment legislatively.

A conviction for first-degree murder, however, can still carry a sentence of life in prison. Sentencing for violent crimes generally imposes long prison terms.

Q: What happens if I am convicted of a violent crime in New Jersey?

A: Generally the key step after conviction is the sentencing hearing. Much will depend upon the statutory terms of the offense you were convicted of. Judges' discretion to set the term of years may be limited by specific mandatory minimums for a given offense. In many cases, there are mandatory minimum sentences that require those convicted to serve a specified number of years before being considered for release to community supervision.

Q: Is an appeal possible?

A: Even if you are convicted of a violent crime, you still have the possibility of appeal. There may have been errors by the trial court in admitting illegally seized evidence, for example, that can be challenged in the appellate courts. There are also other post-conviction forms of relief. The most well known of these is the writ of habeas corpus.

Get Counsel About Your Specific Case

Of course, how violent crime charges affect depends greatly on the specific facts of your case. Attorney David T. Schlendorf has the knowledge and experience to help you build the strongest defense possible based on those facts.

Call 866-895-9668 or fill out the easy electronic intake form to set up a consultation. David T. Schlendorf Criminal Defense Law Offices is located in Toms River and serves clients in counties that include Ocean, Passaic and Hudson.