With the speed at which technological innovation takes place, cyber crimes are ever changing and therefore sometimes the law does not specifically address the crime which an individual may have committed. However, generally speaking the law will address the crimes committed. For example most search and seizure law was decided well before the advent of the internet, however the well settled principals, case law and court rules allow the State to search computers and networks just as it can your home or car:
R. 3:5-2 permits the seizure of “any property.” The Rule provides: A search warrant may be issued to search for and seize any property including documents, books, papers and any other tangible objects, obtained in violation of the penal laws of this State or any other state; or possessed, controlled, designed or intended for use or which has been used in connection with any such violation; or constituting evidence of or tending to show any such violation.
In fact during the course of an investigation it may come to light that a computer is actively being used to commit cyber crimes. In this situation the state may seek a court order for the interception of the wire or electronic communications otherwise known as a “wiretap.” This is governed by the requirements set forth for the interception of wire or electronic communications pursuant to N.J.S.A. 2A:156A-1 et seq.
New Jersey has laws to address stored wire and electronic communications, which may be obtained by law enforcement, via N.J.S.A. 2A:156A-27, this law closely parallels the Stored Wire and Electronic Communications and Transactional Records Access Act 18 U.S.C.A. § 2701 et seq.
Law enforcement is limited in getting access to your Internet Service Providers (ISP) electronically stored information via N.J.S.A. 2A:156A-28, which prohibits the disclosure of the contents of a communication while in electronic storage by a person or entity providing an electronic communication service or remote commuting service to the public. However there are exceptions to this rule! Our Mercer County Cyber Crime attorneys are familiar with these laws, contact us for a free consultation.
Aggravated Assault is an indictable charge in New Jersey, generally involving serious bodily injury purposefully, and/or with indifference to human life, or using a deadly/dangerous weapon with intent to cause bodily harm. A deadly weapon could be a gun, knife, bat, car, or any other dangerous item. Aggravated assault is can also charged in cases where a fire or explosion causes bodily injury.
A person is guilty of aggravated assault in New Jersey in following degrees of felonies if he/she:
Fourth degree aggravated assault
2C:12-1(b)(3) Recklessly causes bodily injury to another with a deadly weapon
Third degree aggravated assault
2C:12-1(b)(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon;
2C:12-1(b)(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury
Second degree aggravated assault
2C:12-1(b)(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury
2C:12-1(b)(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10.
Assault by Auto is an assault where a car is used to perpetuate the crime i.e. you hit someone with your car.
Below you will find the statutory definition of Assault by Auto.
2C:12-1c(1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and bodily injury results.
(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of 39:4-50 or 39:4-50.4a while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a designated school crossing
(c) driving through a non-designated school crossing knowing that juveniles are present.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
Simple Assault is a lesser offense where the defendant knowingly or negligently caused bodily harm, or put a person in fear of bodily harm. This charge usually arise in cases of fights or minor injuries. The maximum penalty is 6 months in jail and/or a $1000 fine. Below you will find the statutory definition of Simple Assault.
2C:12-1(a) Simple Assault
A person is guilty of assault if he:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly person’s offense.
Once your application is submitted review of the application at the local or State level will begin. An officer will conduct a formal background check. You can be denied for incomplete information provided in the application or for the disabilities set forth under 2C:58-3 or other sections of 2C:58:
(1) To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense;
(2) To any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard;
(3) To any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
(4) To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;
(5) To any person where the issuance would not be in the interest of the public health, safety or welfare;
(6) To any person who is subject to a restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm;
(7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); or
(8) To any person whose firearm is seized pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned.
N.J.A.C. 13:54-1.5
(a) A permit to purchase a handgun, or a firearm purchaser identification card, shall not be issued to any person:
1. To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L. 1991, c. 261 (N.J.S.A. 2C:25- 19), whether or not armed with or possessing a weapon at the time of such offense;
2. To any drug dependent person as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21- 2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently a habitual drunkard;
3. To any person who suffers from a physical defect or disease which would make it unsafe for him or her to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he or she is no longer suffering from that particular disability in such a manner that would interfere with or handicap him or her in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
4. To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;
5. To any person where the issuance would not be in the interest of the public health, safety or welfare;
6. To any person who is subject to a restraining order issued pursuant to the Prevention of Domestic Violence Act of 1991, P.L. 1991, c. 261 (N.J.S.A. 2C:25-17et seq.) prohibiting the person from possessing any firearm;
7. To any person who as a juvenile was an adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L. 1997, c. 117 (N.J.S.A. 2C:43-7.2); or 8. To any person whose firearm is seized pursuant to the Prevention of Domestic Violence Act of 1991, P.L. 1991, c. 261 (N.J.S.A. 2C:25-17 et seq.) and whose firearm has not been returned.
N.J.A.C. 13:54-1.9
(a) Only one handgun may be purchased or delivered on each permit to purchase.
(b) There shall be no restriction on the number of rifles, shotguns and antique cannons that may be purchased or acquired, provided the receiver possesses a valid firearms purchaser identification card and otherwise complies with all of the provisions of this subchapter.
N.J.A.C. 13:54-1.13
(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. A person so acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54- 1.5 and 1.6.
(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent. During such period the firearm must be placed in the custody of the chief of police or Superintendent.
(c) In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5.
