Camden County NJ Official Misconduct Lawyer
Criminal Defense Attorney with Offices in Collingswood, New Jersey
Official misconduct involves white collar crimes and political corruption cases. The penalties for these crimes are more severe than they normally would be since they are committed by people entrusted to perform government duties. Being convicted of official misconduct can lead to consequences such as a prison sentence without parole and loss of pension. If you have been charged with official misconduct, it is imperative that you contact a skilled and experienced attorney that can help you get the most desirable result in your case and keep the penalties to a minimum.
The criminal defense team at the the Law Offices of Leonard Biddison defend clients charged with theft and fraud related offenses such as theft by deception, identity theft, and shoplifting in Camden County including Cherry Hill, Lindenwold, Gloucester, and Winslow Township. With around 40 years of combined experience, our defense attorneys know what it takes to help get you the most desirable result in your case. In fact, one of our attorneys has handled official misconduct charges for the deputy mayor of Howell Township in Monmouth County. This sort of experience can be extremely valuable in your case. The Law Offices of Leonard Biddison are available anytime for a free initial consultation to speak with you about your case. Call us today at 877-450-8301.
New Jersey Official Misconduct Statute: N.J.S.A. 2C:30-2
The law for official misconduct is covered under N.J.S.A. 2C:30-2 which provides:
A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:
a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or
b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a second degree crime unless the amount of money involved is less than $200 in which case it is a third degree crime.
Note: The statute is applicable to ANY person performing government duties, including legislators and judges. Many times, these charges arise when the defendant attempts to solicit or accept a bribe.
Note: The statute for official misconduct requires that the defendant acted with intent which in this case would be “purpose”. If you did not commit the crime purposefully, you may have a defense available.
Pattern of Official Misconduct Charges in New Jersey
A person can also be convicted of a pattern official misconduct pursuant to N.J.S.A. 2C:30-5:
a. If he commits two or more acts that violate the provisions of N.J.S. 2C:30-2 or section 2 of P.L. 2003, c. 31 (C. 2C:30-6). It shall not be a defense that the violations were not part of a common plan or scheme, or did not have similar methods of commission.
b. Pattern of official misconduct is a crime of the second degree if one of the acts committed by the defendant is a first or second degree crime; otherwise, it is a crime of the third degree, provided, however, that the presumption of nonincacreration set forth in subsection e. of N.J.S. 2C:44-1 for persons who have not previously been convicted of an offense shall not apply. Notwithstanding the provisions of N.J.S. 2C:1-8 or any other law, a conviction of pattern of official misconduct shall not merge with a conviction of official misconduct, official deprivation of civil rights, or any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of N.J.S. 2C:30-2 and sections 2 and 3 of P.L. 2003, c. 31 (C. 2C:30-6 and C. 2C:30-7).
Official Misconduct Penalties in New Jersey
Depending what degree a person is charged with, he or she will receive a mandatory minimum prison sentence as follows
- Fourth Degree – Sentence of at least 1 year
- Third Degree – Sentence of at least 2 years
- Second Degree – Sentence of at least 5 years
- First Degree – Sentence of at least 10 years
Note: These guidelines apply unless another law calls for a higher minimum sentence
Contact a Gloucester NJ Official Misconduct Lawyer to Discuss Your Case
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against your official misconduct charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.