Mount Laurel Violent Crimes Lawyer
Experienced Criminal Defense Lawyer John B. Brennan Represents Clients Facing Serious Violent Crimes Charges
All crimes are treated seriously by law enforcement and prosecutors, but violent crimes such as aggravated assault, sexual assault, and homicide are some of the most vigorously prosecuted criminal offenses. These charges carry the harshest penalties in the event of conviction. When you are being investigated or prosecuted for a violent crime, you can expect that the criminal justice system will use all its resources to try to secure your conviction. That is why you need an experienced Mount Laurel violent crimes lawyer who knows how the criminal justice system works in New Jersey and can build a strong, effective legal defense strategy in your case.
I’ve worked in the criminal justice system for more than three decades, including 25 years spent as a prosecutor. Over the years, I’ve seen criminal cases from both sides. With my background as a prosecutor, I know how prosecutors build cases and arguments and how to challenge them. I can identify the weaknesses in the state’s case, including biased or credibility-lacking witnesses, systemic racial bias that may have impacted the investigation, or physical evidence that was seized from you in violation of your civil and constitutional rights. As your violent criminal charges attorney in Mount Laurel, NJ, I will work hard to get your charges reduced or dismissed outright.
Facing charges for a violent crime could be one of the most critical events you go through in your life. That is why I offer a free initial consultation. We’ll discuss your legal rights, options, and how I could help you secure the best possible outcome to your charges. I promptly return all calls and emails so that you always stay up-to-date on the progress of your case. Call me today for a free and honest assessment about your case.
Facing Charges For A Violent Crime And Have Questions? I Can Help, Tell Me What Happened.
Types of Violent Crimes Handled by The Law Office of John B. Brennan
In New Jersey, a violent crime conviction does more than just result in a prison sentence. It creates a permanent “violent offender” label that can severely affect your future. As a Mount Laurel violent crimes lawyer, I provide an aggressive defense for a full range of first- and second-degree violent offenses, including:
- Murder and attempted murder (2C:11-3): Defending against the most serious charges in the state, which carry a minimum of 30 years to life in prison.
- Manslaughter and aggravated manslaughter (2C:11-4): Addressing homicides alleged to have been committed recklessly or in the “heat of passion.”
- Armed robbery (2C:15-1): Representing clients facing first-degree charges where a weapon was used or a victim was threatened with serious bodily injury.
- Kidnapping (2C:13-1): Navigating the complex elements of kidnapping and criminal restraint, which carry some of the harshest penalties in the NJ criminal code.
- Arson and Aggravated Arson (2C:17-1): Defending against allegations of starting a fire or causing an explosion that puts people or structures in danger. These charges range from third-degree crimes to high-level second-degree felonies if the act was intended to collect insurance or if there was a person inside the structure.
- Vehicular homicide (2C:11-5): Defending cases involving fatal accidents where drugs, alcohol, or extreme recklessness are alleged factors.
- Rape or aggravated sexual assault (2C:14-2): Providing a discreet and sophisticated defense for high-degree sex crimes that often involve mandatory life-long supervision.
- Carjacking: Addressing specific first-degree offenses involving the theft of a vehicle by force or threat.
While the prosecution may present these charges as an open-and-shut case, the reality is often much more complex. A charge is merely an accusation. In my experience, the State’s narrative frequently relies on incomplete investigations or witness testimony that lacks credibility. My role is to scrutinize every piece of evidence, from forensic reports to police procedures, to ensure that your side of the story is heard and that your constitutional rights are upheld throughout the legal process.
Why Experience Matters When Your Freedom is Measured in Decades
When you are charged with a violent crime, the State’s case is often built on forensic evidence, DNA, ballistics, and high-pressure witness statements. You need an attorney who doesn’t just read the file, but who understands how the “other side” constructed it.
With 25 years of experience as a prosecutor, I have authorized these types of charges myself. I know the shortcuts investigators take and the errors that can occur during the collection of evidence. As a Certified Criminal Trial Attorney, I am among the less than 1% of New Jersey lawyers who have been vetted by the Supreme Court for my trial expertise. I am prepared to take your case to a jury if that is what it takes to protect your future.
The Hidden Dangers of Eyewitness Misidentification
In my 25 years as a prosecutor, I saw firsthand that the most powerful piece of evidence in a courtroom is often the most flawed: the eyewitness. There is nothing more damaging to a defense than a witness pointing a finger at a defendant and saying, “That’s the one.” Yet, scientific research and New Jersey case law, specifically the landmark State v. Henderson ruling, tell us that human memory is not a video recording; it is malleable and easily distorted.
When I defend a violent crime case involving an identification, I analyze the State’s evidence through two specific lenses:
- System variables (the police procedures): Did the officers use a “double-blind” lineup? Did they give the witness proper instructions? Did they unintentionally provide “confirming feedback” that artificially inflated the witness’s confidence? As a former prosecutor, I know the exact protocols police must follow—and exactly where they tend to cut corners.
- Estimator variables (the event itself): Factors beyond the police’s control can drastically reduce accuracy. These include “Weapon Focus” (where a witness stares at a gun rather than a face), high-stress levels, poor lighting, and the “Cross-Racial Effect,” which scientifically proves that we are less accurate at identifying individuals of a different race.
Seeking a “Henderson Hearing”
If the State’s identification process was suggestive, I don’t just wait for trial to cross-examine the witness. I move for a Henderson Hearing (formerly known as a Wade Hearing). This is a specialized pretrial proceeding where we challenge the admissibility of the identification itself. If we can prove that the identification was the result of suggestive police conduct, we can often have that evidence suppressed entirely, frequently leading to a dismissal of the most serious charges.
Results-Focused Mount Laurel Violent Crimes Lawyer John B. Brennan Develops Effective Legal Strategies for Clients Accused of Violent Crimes
A strong, tailored legal defense is critical to any violent crime case. In my experience, I’ve seen how every criminal case is unique. That is why, as a violent criminal charges attorney in Mount Laurel, NJ, I always comprehensively review the evidence to identify potentially effective defense strategies that can challenge witnesses, exclude evidence, and test the sufficiency of the state’s case. Depending on the facts and circumstances, you may also be entitled to legal defenses against a violent crime charge, such as:
- Self-defense (justification for the use of force): We argue that your actions were a necessary response to an imminent threat of serious bodily injury or death. Under N.J.S.A. 2C:3-4, force is justifiable if you reasonably believed it was immediately necessary to protect yourself or another, provided there was no safe opportunity to retreat.
- The “Castle Doctrine” exception: If the incident occurred within your own home, New Jersey law generally removes the “duty to retreat.” We leverage this defense to prove that you had the legal right to stand your ground and use force against an unlawful intruder to protect yourself or your family.
- Mistaken identity and alibi: Often, violent crime charges rest on flawed eyewitness testimony. We aggressively challenge the State’s identification procedures and present documented alibi evidence (such as surveillance footage, digital footprints, or witness testimony) to prove you were not at the scene when the crime occurred.
- Lack of requisite culpable mental state: To secure a conviction for most violent crimes, the State must prove you acted “purposely” or “knowingly.” We challenge this by demonstrating that you lacked the mental capacity to form criminal intent at the time of the offense, whether due to a sudden “heat of passion” provocation or other significant psychological factors.
You can trust that I will leave no stone unturned to find all available exculpatory evidence and to challenge the admissibility and sufficiency of the prosecution’s evidence to get you the best possible outcome in your charges.
Get Advice From An Experienced Criminal Defense Lawyer. All You Have To Do Is Call 856-446-5123 To Receive Your Free Case Evaluation.
Understanding NERA: The “85% Rule” in New Jersey
Most violent crimes in New Jersey fall under the No Early Release Act (N.J.S.A. 2C:43-7.2), commonly known as NERA. If you are convicted of a NERA-eligible offense, the law mandates that you serve 85% of your sentence before you are even eligible for a parole hearing.
For example, on a 10-year second-degree sentence, you cannot be released after 3 or 4 years for good behavior; you must serve at least 8.5 years behind bars. As a former prosecutor, I know that the only way to avoid these “mandatory minimums” is often to secure a downgrade of the charge to a non-NERA offense or to win an acquittal at trial. My goal as your violent criminal charges attorney in Mount Laurel, NJ, is to keep you out of the reach of NERA whenever possible.
Contact a Dedicated Mount Laurel Violent Crimes Lawyer Today to Schedule a Free, Confidential Consultation
Violent crimes are the most aggressively prosecuted criminal offenses, and a conviction carries the harshest penalties available under the law. If you are facing charges for a violent crime, you need a highly experienced Mount Laurel violent crimes lawyer to protect your rights, freedom, and future. Contact me to set up a free initial consultation to discuss your case and learn more about how I may be able to help. You don’t have to face these charges alone. Call me today to let me help you secure a favorable outcome in your case.
Frequently Asked Questions about Violent Crimes in New Jersey
The potential prison sentence and fines you may face in the event you are convicted of a violent crime will depend on the grading of your offense. Many violent crimes are graded as either a second-degree crime, which carries a sentence of five to 10 years as a fine of up to $150,000, or as a first-degree crime, which carries a sentence of 10 to 30 years (and up to life for crimes like murder), along with a fine of up to $200,000. In addition, most violent crime convictions will require you to serve at least 85 percent of the sentence before you will be eligible for parole.
Under New Jersey’s Bail Reform laws, there is no longer a traditional “money bail” system. Instead, the State may file a motion for Pre-Trial Detention. Because violent crimes are high-degree offenses, there is a strong presumption that you should remain in jail. I represent clients at Detention Hearings to argue for their release, highlighting alibis, lack of evidence, or strong community ties.
While both murder and manslaughter involve homicide, the charge of murder is imposed when the defendant is alleged to have acted “purposely” or “knowingly” in causing the victim’s death. Conversely, manslaughter is charged when the defendant acts recklessly in causing the victim’s death (or consciously disregarding a substantial risk of serious bodily injury or death) or commits a homicide that would normally be charged as murder, but the defendant acted in the “heat of passion” due to a “reasonable provocation”.
If a firearm was used during the commission of a violent crime (like robbery or assault), the Graves Act applies. This requires a mandatory minimum prison sentence with a period of “parole ineligibility,” even for first-time offenders. As a violent criminal charges attorney in Mount Laurel, NJ, I have significant experience negotiating “Graves Act Waivers” to help clients avoid these mandatory prison terms.
In New Jersey, you can still be charged with first-degree Armed Robbery even if the “weapon” was a toy gun, a simulation (like a hand in a pocket), or a blunt object. If the victim reasonably believed it was a deadly weapon, the law treats it as such. However, a Mount Laurel violent crimes lawyer can often challenge the “degree” of the crime by proving the object was incapable of causing serious harm.