Not every crime is worth prosecuting. Occasionally, courts may decide that an offense was so trivial that pursuing a conviction is excessive. The legal system has an answer to this problem: the de minimis infraction. The idea is that the courts should not concern themselves with insignificant matters.
New Jersey allows courts to dismiss these minor charges under certain conditions. Could your charges be dismissed with a de minimis defense?
Explaining the De Minimis Infraction
The term de minimis comes from the Latin phrase de minimis non curat lex, which means “the law does not govern trifles.” In the context of criminal law, it’s conduct that technically violates a statute but is so minor that it does not warrant using judicial resources to prosecute the crime.
New Jersey’s de minimis statute is N.J.S.A. 2C:2-11. This law allows a court to dismiss a prosecution if the conduct:
- Is normally allowed or tolerated in society, the person affected didn’t clearly object, and it doesn’t go against the purpose of the law,
- Didn’t actually cause or threaten the harm the law aims to prevent or caused harm that was so trivial it’s not worth punishing, or
- Involves extenuating circumstances suggesting the law wasn’t meant to apply to this kind of situation.
The statute recognizes that not all violations are created equal. Judges have discretion to decide whether the violation is minimal enough to warrant dismissing the case. This way, the state can focus on prosecuting conduct that truly threatens public safety or societal order.
When Can the De Minimis Infraction Be Used?
A judge may consider dismissing a case on de minimis grounds when the conduct:
- Causes minimal harm – If the conduct results in little to no actual injury or damage, the court may deem it de minimis.
- Doesn’t violate the law’s intent – Sometimes, someone’s actions technically break the law, but it’s not the kind of behavior the law was designed to prohibit.
- Doesn’t justify prosecution – If bringing charges would lead to a disproportionate outcome or serve no practical legal purpose, it may be a de minimis infraction.
A judge will weigh the circumstances and determine whether applying the de minimis defense is appropriate. This is a fact-sensitive judgement, and not all minor crimes qualify.
Courts might consider this defense for low-level offenses and technical violations that do not involve serious harm or malicious intent. A knowledgeable criminal defense attorney can review a case, determine whether a de minimis dismissal is likely, and file a motion to dismiss.
How Does Someone Prove a De Minimis Infraction in New Jersey?
Defendants must file a motion to dismiss under N.J.S.A. 2C:2-11 before trial. To succeed, the motion must show that the conduct was too minor to justify prosecution or not the type of behavior the law is intended to punish.
When the judge considers the motion, they will assume that the charges actually happened. The question isn’t whether the defendant is innocent or guilty. Instead, the judge is determining if the charges are worth prosecuting.
The judge will also evaluate whether the defendant’s conduct posed any harm to society. They will consider factors such as the value of any property involved, whether there was any violence or use of weapons, and any other circumstances surrounding the offense.
Because judges have wide discretion under this statute, a criminal defense attorney has to gather evidence and present a compelling argument to dismiss the charges. This might include witness statements, surveillance footage, and police reports.
The prosecution will also have the opportunity to make their case for why the charges should go to trial. If the charges are dismissed, they have the right to appeal.
Successfully arguing for a dismissal requires experienced legal representation. A skilled defense attorney will know how to frame the argument effectively and tailor it to the specific facts of the case.
Examples of the De Minimis Infraction Defense
So, what kind of charges might be dismissed under this offense? Here are some example scenarios that could potentially qualify.
Trespassing
For years, neighborhood residents have used a trail that goes through private property. The property owner will often wave to them as they jog or walk their dogs down the trail. There are no posted signs or fences, and the owner has never told people to stay off his property. One day, a new security guard sees someone walking the trail and calls the police. That person is then charged with criminal trespass.
In court, the defendant’s attorney argues that this was a de minimis violation that isn’t worth prosecution efforts. The judge may grant a dismissal because this minor offense caused no harm, is usually acceptable, and doesn’t go against the purpose of the law, which is to prevent people from invading or damaging private property.
Simple Assault
Two neighbors have a minor shouting match over a parking space. One lightly brushes shoulders with the other while walking away. Someone calls the police, the aggressor is arrested, and prosecutors file a simple assault charge. However, there were no injuries or continued threat, and both parties later downplayed the incident.
The judge may determine that the situation doesn’t justify a criminal record. While the statute is broad enough to qualify as assault, it’s such a minor incident that there’s no sense in prosecuting.
Petty Theft
A woman buys a newspaper at the same stand on her way into work every day. Today, she realizes she forgot her wallet. She picks up the paper anyway, intending to pay for it the next day. The newspaper vendor usually allows this for regulars. However, today, a police officer sees it and charges her with theft.
This woman’s defense attorney may argue this doesn’t justify prosecution because this is normally acceptable behavior at this newspaper stand and the woman intended to pay for the $1.50 paper.
Get in Touch with Our New Jersey Criminal Defense Attorneys
Facing criminal charges is daunting, especially when the offense is minor and clearly trivial. But the Law Offices of Jonathan F. Marshall is here to help. Our team has over 200 years of combined experience defending New Jersey clients. We have a proven track record of success, securing favorable outcomes in a wide range of criminal cases, including dismissal of charges. One client said, “Mr. Marshall was very knowledgeable and experienced. I would highly recommend this attorney for all your legal assistance.”
If you believe the de minimis infraction defense might apply to your case, contact us today.
