Belmar NJ Lewdness Disorderly Conduct Criminal Lawyer
The Law Offices of Jonathan F. Marshall represent clients charged with underage drinking, using a fake ID, driving while intoxicated (DWI), and disorderly conduct throughout New Jersey including in Belmar, Manasquan, Seaside Heights, and Sea Bright. Don’t let a criminal offense end up on your record and impact your future. Contact the experienced criminal defense lawyers at the Law Offices of Jonathan F. Marshall for a free initial consultation. Our criminal defense trial team made up of former prosecutors and experienced criminal defense lawyers will examine the facts of your case and develop a comprehensive defense strategy. We know all the prosecutors and judges in Monmouth and Ocean County and they know us. Contact the office for immediate assistance at (732) 450-8300.
Lewdness: Disorderly Persons Offense or Fourth-Degree Crime, N.J.S. 2C:14-4
Lewdness is a criminal offense in New Jersey which is governed by N.J.S. 2C:14-4 which provides in pertinent part:
§ 2C:14-4. Lewdness
a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.
b. A person commits a crime of the fourth degree if:
(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor’s conduct.
Seaside Heights NJ Lewdness Criminal Defense Attorney
If you have been charged with lewdness in New Jersey, contact the Law Offices of Jonathan F. Marshall for help. Lewdness can be charged even from urinating in public under certain circumstances when witnesses to the alleged act are present. Our criminal trial team of former prosecutors and experienced criminal defense lawyers will examine the facts of your case, consider the potential plea offer from the State, and draft a comprehensive defense strategy to combat these criminal charges. As the above statute details, lewdness can be a disorderly persons offense or a fourth-degree crime depending on the circumstances of the alleged act. If graded as a disorderly persons offense, this case will be handled in the local municipal court in which the alleged offense occurred. For example, if the incident occurred in Manasquan, New Jersey, the case will be handled in the Manasquan Municipal Court. However, if the charge is graded as a fourth-degree crime, this is an indictable criminal charge which must be resolved at the Superior Court in the county in which the alleged crime occurred. For example, a fourth-degree lewdness charge in Manasquan, New Jersey would be handled at the Monmouth County Superior Court in Freehold, New Jersey. For additional information or immediate assistance, contact our office at (732) 450-8300. The initial consultation is always provided free of charge.
Lewd Conduct Lawyers
There are few charges which garner more discomfort than a lewdness offense. Prosecutors often feel they need to make a point in a lewd conduct case whereas the accused frequently wants nothing more than to resolve the case as quickly as possible given the embarrassing nature of the charge. Although someone exposing their genitals or engaging in a lewd act has a stigma attached to it, those represented by our lawyers are usually more indescript than many would expect. Indeed, it is common for the attorneys at the Law Offices of Jonathan F. Marshall to represent individuals who are otherwise productive law abiding citizens who resort to casual rendezvous in inappropriate settings. There are also those instances where our law firm is called upon to defend an individual who became heavily intoxicated and ended up in an indecent exposure situation. Irrespective of the scenario in which an individual exposed himself, our defense team is prepared to achieve the best outcome possible. Contact us now at 1-877-450-8301 if you require our assistance.
New Jersey Lewdness Law
The law concerning lewd conduct is set forth at N.J.S.A. 2C:14-4 and makes it a crime to engage in flagrantly lewd and offensive acts which are likely to be observed by non-consenting persons who will be alarmed. Lewd conduct is defined under the law to include exposing genitals for purposes of arousal or sexual gratification. The prosecutor must therefore establish three (3) facts to obtain a conviction for lewdness: (1) that a flagrantly lewd and offensive act was committed (e.g. exposing penis or masturbating); (2) the act was witnessed by a non-consenting individual; and (3) the non-consenting individual was alarmed or affronted. Lewdness is typically a disorderly persons offense but can also give rise to a fourth-degree or third-degree criminal offense. A lewd act will result in a fourth-degree charge where the observer suffers from a mental disease or disability. It is a third-degree offense where the observer is under thirteen (13).
Fines & Penalties for Lewd Conduct
The sanctions imposed under N.J.S.A. 2C:14-4 vary depending on whether the charge is a disorderly persons offense, is third-degree crime or is a fourth-degree offense. The jail exposure is six (6) months, eighteen (18) months, and five (5) years respectively for disorderly persons, fourth-degree and third-degree lewdness. Fines, assessments, court costs, restitution, probation and even drivers license suspension may also be imposed upon conviction.
If you or a loved one was arrested for exposing themselves, our attorneys can assist you. We know the law and are not intimidated by the uncomfortableness surrounding a lewd conduct charge such as penis exposure. A lawyer from our firm would be happy to discuss a defense strategy and answer your questions. Our lawyers are only a telephone call away, so do not delay in addressing your concerns.