There was no way that the defendant knew he was attacking the wife of Pittsburgh Pirate pitcher Chris Snyder, and that his temper tantrum was criminal. Driving without a license is indeed illegal, as is aggravated assault. Episodes of road rage similar to his occur every day all over the country on the nations streets and highways. A professional athlete's wife being attacked, while he and their children sit in the car, is genuinely newsworthy, and will not help the defendant's chances in court.

Because the baseball player was incapacitated by back surgery seated in the car and could do nothing but helplessly watch his wife get attacked, an innocent bystander and an off duty cop were left to intervene on Ms. Snyder's behalf, fending off bites, punches with keys between his fingers, and flying shoes. As a result of his extremely poor behavior following a close call while the victim was driving and he was riding a scooter, Mr. Modhwadia was charged with driving with an invalid license, aggravated assault, assault, and criminal mischief. He is being held on $25,000 bail. This will not be an easy case for his attorney.

In New Jersey, any criminal defense attorney should be able to tell you that aggravated assault is governed by NJSA 2C:12-1(b) which governs "attempts to cause serious bodily injury to another..[.]" Based upon police notes from the scene and witness accounts, there is evidence to show that Mr. Modhwadia attempted to cause serious harm to Carla Snyder. Additionally, in New Jersey the aggravated assault is an indictable crime so it would be review by the county prosecutor and most likely would remain in the Superior Court. This defendant is headed for far more than anger management. Anyone who has been the victim of a road rage tantrum, or has had an episode of behavior which has resulted in criminal charges, should without momentary hesitation contact a highly skilled attorney who has years of experience with these types of cases.

Assault with a deadly weapon and attempted premeditated murder of an ex-girlfriend could be considered the antithesis of what one associates with a hilarious blockbuster comedy. An actor who appeared in "The 40 Year Old Virgin," however, has reportedly been charged and convicted of these violent crimes and been sentenced to life in prison with the possibility of parole in twelve years. There is nothing funny about that. While Shelley Malil's defense attorney described his ex as a violent drama queen, it was the defendant that stabbed her multiple times with a kitchen knife in a jealous rage upon finding her sharing a drink with a male friend in her own home.

A jury has convicted the actor and sentenced him to life in prison for attempted premeditated murder and assault with a deadly weapon. The assault was of course that he stabbed her repeatedly with a kitchen knife. The premeditated murder charge may be analagous to an attempted murder charge in New Jersey. The issue for the jury was to decide if the Defendant had the intent to kill the victim when he began stabbing her. In this instance, they found that he intended to kill her when he began to stab her and he was convicted of that crime. He was also charged with burglary but acquitted on that lesser charge. He can be charged with burglary because he meets the elements of the crime: he entered her home as an uninvited guest and committed a crime in the dwelling. However, it also had to be shown that he had the intent to commit that crime when entered her home. In this situation, the defendant showed that he did not have the intent to assault and murder her. This would be because he did not know the victim was with another man until after he entered the dwelling. He actually only went to her house uninvited to tell her that he had taken her pot and sent some explicit sex photos of the two of them to her co-workers. There is nothing funny about that either.

The mild upside for the Defendant is that he eventually can be eligible for parole and thus most likely will not be confined to prison for the rest of his life. While domestic violence is common, it is not likely that the average person would have this nuanced legal knowledge or even if they did, be capable of drawing upon it in the midst of a conflict. If an individual describe themselves as having a emotionally volatile temperament and intense relationships, or as being involved with this type of personality, he or she would be well served by identifying an experienced attorney to call immediately should he or she be involved in any domestic altercation in order to best protect his or her legal rights.

Three days is all it took for a released sex offender to victimize another person, a teenager, no less, and it gets worse: a disabled teenager, in a bathroom, of all places. Police reportedly found the fourteen year-old victim in Newark's Penn Station appearing as if something was amiss. She told them that she had been assaulted in a library restroom. The forty-five year-old accused had been released from state prison and was wearing an ankle monitor. As of the date of the report, it was unclear if he had retained a defense attorney.

Criminally, this person has definitely dug himself into a grave. He is a "recidivating" or re-offending sex offender, meaning that a subsequent offense will land him an automatic mandatory minimum of five years in prison with no possibility of parole, who can be sent to an additional five years in prison if he faces a new sexual assault charge with aggravating factors. Those aggravating factors include if the rape was forcible, if the victim was a minor, and if he or she is disabled.

Assessments of this sort of behavior lead many to believe that these urges are not easily suppressed or quelled. According to Dr. Gregory J. Coram, Forensic and Medical Psychologist and Director of the Masters program in Criminal Justice at Monmouth University, the acts in which these urges manifest are often unpredictable, repetitive, and non-stop. Rehabilitative treatments, are not often, if ever, likely to be effective when it comes to sex offenders.

"Due to the nature of these sexual disorders," says Dr. Coram, "it is very difficult to make any reasonable prediction on whether or not these individuals will re-offend. Sexual behavior is an integral part of the individual, and any distortions or pathology in that area will permeate their personality. Therefore, I am not a strong believer in true rehabilitation for these types of offenders. They have their signature and their methods, and the capability of rehabilitative treatment to break that pattern of behavior is something I believe to be unrealistic with current treatments."

This type of attack is very serious, and even if the sexual activity itself was not initiated by means of an attack, that is, if it was "consensual", the act would still be considered statutory rape, considering the victim was underage, and in no determinable position to give consent. In terms of legality of sexual activity, any act that is coerced is illegal. Physical force and/or threats need not be used to qualify as criminal.

You might ask, why do I need to know the law? It's not like I would ever commit such an atrocity.

Naturally, it's not expected that any reasonable person would perpetrate a crime like this. However, the laws about statutory rape are not always as crystal clear to everyone as they should be. Plainly, an attorney is in the best position to sort through the details of a questionable scenario as it may be construed by the law. The New Jersey Criminal Code states that sexual activity between an adult (18+) and a child between the ages of 13 and 16 is illegal unless the participants are within four years of age of one another. For example, it is legal for a 20-year old and a 17-year old to engage in sexual activity, but illegal for a 20-year old and a 15 year old to do so. Additionally, any sexual activity involving a child under the age of 13 is strictly illegal. It is worth noting that the gender of the victim or the assailant is not specified.

When it comes to a question of statutory rape, remember: it does not matter if both participants are willing, or even if the underage participant initiates the act itself. The law views a person under the age of 16 as lacking the emotional maturity to give consent to sexual activity, except in the circumstances provided above. And always remember: any act of forcible sex, that is, against the will of either participant, is considered aggravated sexual assault.

The courts do not accept a defense of mistaken age, e.g., "She looked like she was of age to me." The presumption is that if the participant looks underage, it should be assumed that he or she is underage. Real life often presents complications and complexities even where the facts seem clear. As such, anyone involved in an attack, or a relationship or circumstance where these laws may be considered, should contact an attorney who is an expert in this area of practice.

Formerly on television's Melrose Place, actress Amy Locane has worked along side Johnny Depp and Adam Sandler in film. She now has more in common with many fellow actors, as she was indicted by a Somerset County Grand Jury on counts of third-degree assault by auto and first-degree aggravated manslaughter. Now a New Jersey resident, Locane reportedly crashed her black Chevy Tahoe into another car that was pulling into a driveway on a Sunday evening in June of this year. The passenger died at the hospital soon after the crash, and the driver sustained numerous broken ribs and other serious injuries. Further, police state that she was involved in a hit-and-run accident earlier that day in Princeton, New Jersey. The actress had admitted to consuming wine prior to driving following the crash.

"Aggravated Manslaughter" means, in lay terms, an unintentional killing resulted from one's actions. Naturally, a purposeful killing would be murder, but manslaughter covers all killings that occur as unintended consequences. In this instance, Locane is indicted crashing her car while drunk driving, which resulted in the death of one person and the serious injury to another. In this case, the State of New Jersey needs to prove that "the actor recklessly causes death under circumstances manifesting extreme indifference to human life;" See N.J.S.A. 2C:11-4(a)(1).

The fact that Locane had consumed alcoholic beverages does not automatically prove the State's case. The State will also have to prove that the events are connected, or that Locane's consumption of alcoholic beverages led to her being impaired, which led to the fatal accident. Therefore, one can anticipate Locane's defense team will claim that her impairment is not what lead to the fatal accident, but that some other circumstance caused the collision that took the passenger's life. These burdens of proof and potential defenses are the issues that a New Jersey criminal defense attorney will vigorously analyze, as they apply to the specific facts of the case. You should ensure you have an experienced and devoted attorney to protect your rights should you, a friend or family member find yourself involved in a car accident, or automobile collision, where injuries are sustained or death results. These tragic cases are often not as simple as they appear.

A 2007 Beacon Theater hip-hop concert arrest sends another rapper to prison. In this case, Ja Rule will head to prison for two years. Lest anyone believe him to be a "wanna-be," Ja Rule pleaded guilty, just as Lil Wayne did in response to his arrest at the same event, to attempted criminal possession of a weapon. It is stated on the record for the Police, that he was found with a .40-caliber loaded semiautomatic gun in his pricey, speeding Maybach.

The New York City gun laws are the toughest in the nation and Ja Rule became the latest celebrity to learn a difficult lesson. New York City imposes a mandatory minimum prison term on the gun related offense, in this case a violent felony. The Court takes any offense involving a firearm as extremely serious. In New Jersey, the possession of a gun triggers mandatory jail time, as governed by the Graves Act N.J.S.A. 2C:43-6.

Furthermore, the Graves Act requires time periods of parole ineligibility in addition to mandatory prison terms for certain gun offenses, as well as for related offenses committed while in possession of a firearm. These include offenses such as homicide, manslaughter, aggravated assault, kidnapping, sexual assault, aggravated sexual contact, robbery, and burglary.
If two years seems like a long time, take a moment to consider that he might have gotten 15 years if he had been convicted of the initial weapons charges. He has some time to relax, if that is possible, because he is free at least until his next Court date in February, when a date will first be set for sentencing. His attorney is earning the counsel fees for sure, and demonstrated how crucial a skilled attorney is, whether or not you are a rapper.

The law is gender-blind for sure, at least, because rappers who have done jail time include Foxy Brown, Lil Kim and T.I. Plaxico Burress, the former New York Giants football player was charged with the same crime and received the same sentence last year. In his case, though, he shot himself. Ja Rule's wife and children living in New Jersey, will write and visit, no doubt, and help his time fly. They can be sure, his criminal defense attorney did as well as any could have given the facts of his case. Be sure to contact the best possible defense attorney, should you find yourself charged with any kind of weapons related or other crime.

Unfortunately, an arrest of a student-athlete is infrequent but not uncommon. When the school's mascot gets arrested, while serving in his official capacity at the stadium, it is at least noteworthy. Apparently, the University of Cincinnati Bearcat mascot was arrested during a Saturday football game against the University of Pittsburgh. During the game that day, the weather was harsh as snow blanketed the stadium. While sitting amidst the falling snow, many fans were tossing snowballs for additional entertainment. Generally, both football fans and players are a hearty bunch, but due to safety concerns, it seems that the fans were warned to stop throwing snowballs. Hard snow and ice can easily injure someone who is not prepared to catch it or doesn't see it coming, in a crowd packed tight in stadium seats. A ball of ice could be used as a weapon. However, the Bearcat mascot did not heed that warning, and threw snowballs into the stands from his perch on a 6-foot high wall behind the end zone that was covered with ice and snow. In addition to hurting crowd members by pelting them with ice and snow, he could have fallen, injured himself and whomever he may fall upon.

When confronted by police, the Bearcat allegedly shoved the officer, both men ended upon the ground, at which point he was arrested for disorderly conduct. In New Jersey, this would give the student-mascot a criminal record. Further, he would be subject to fines and even a potential loss of driving privileges. The best thing the Bearcat can hope for is that he would be able to pay a fine to a municipal ordinance violation, and that he will be allowed to escape being saddled with a criminal record, or receive terms for expungement. While the visual of a mascot being led away in handcuffs may be humorous, it will be no laughing matter for this Cincinnati student when he appears in Court. It should also be noted that even the mascot is replaceable as Cincinnati had a "backup" mascot fill in the original mascot for the second half of the Bearcats defeat.

This sort of scenario, a row among fans or mascots at a stadium in any weather, provides a range of legal issues, personal injury or negligence claims as well as criminal charges. It is crucial for a skilled attorney to navigate this sort of legal minefield, so if you or someone close to you ever finds yourself in a situation like this, the very first thing to do, once your physical safety has been ensured, is to contact and retain an attorney immediately.

MTV's "America's Best Dance Crew" is getting attention it doesn't want. A former judge and hip hop choreographer, Melvin Shane Sparks, aged 41, will be going to trial on eight counts of sex crimes, stemming from his arrest last December. After posting $590,000.00 bail, he was released. The arrest was a result of alleged oral copulation and lewd acts with an underage girl, which allegedly occurred over a three-year period ending in the spring of 1997. He will be arraigned on November 15, 2010.

Here is what happened in this situation. It can be reasonably inferred that a Motion to Dismiss the Indictment was filed by the defense counsel and the Court denied the motion. The Judge is basically saying that based on all the evidence presented to the Court thus far, there is enough to of it to have the matter proceed to trial, to be evaluated in that forum. Evidence may take the form of sworn testimony of the victim, witnesses or those who had first hand knowledge of events, in addition to physical evidence.

The Court is not indicating that the defendant is guilty. The Judge, and therefore, the Court, is simply stating that based on all the evidence gathered, the case may be permitted to proceed to a jury who may make the determination of guilt. The jury will have a much higher standard than the prosecutor needs to prove the case beyond a reasonable doubt. The Judge did not view the evidence by that standard, but rather, as dictated by Court rules, a much more broad standard. The judge must have determined in this case that a jury could reasonably find the defendant guilty of the crimes charged against him.

At any rate, both prosecution and defense attorneys have a challenging case ahead of them, due to the time that has passed, the sensitive nature of the charges, the fact that the alleged perpetrator or defendant is so much older than the alleged victim (the conduct did not occur between two teenagers, for example), and the quasi-pseudo-celebrity of the defendant. An individual in any sort of situation involving such sensitive allegations should contact an attorney immediately, in order to determine the legal strategy that most thoroughly protects his or her rights and interests.

The K-rod, a.k.a. Francisco Rodriguez case has two parts to it. The first is the initial assault, and second the harassing text message in violation of restraining order. It is alleged that he grabbed his girlfriend's father, a man in his fifties, and hit him in the face. The altercation took place at Citi Field this past August. The text messages he sent were to his girlfriend directly. The Judge has set a new court date in the matter at Queens Criminal Court, for November 10th. The violation of restraining order is something that frequently occurs in situations where the Court has entered restraints. Many people think it means no contact. No contact includes phone calls, text messages, emails, even messages sent through 3rd parties AND even if they are attempts to resolve a conflict made with the best of intentions. Thus, the 17 text messages should constitute a violation of the restraining order. The Judge extended the restraining order through March of 2011.

Regarding the assault charge, the facts are that Francisco Rodriguez, the Mets Closer, placed his hands on his girlfriend's father and struck him with a closed fist. Based upon these facts, legally, those actions constitute an assault. The question remains what the criminal sentence will be, given that this would a very difficult case to try and prevail. The defense attorney is doing a good job here because he has ensured that his client seeks anger management and counseling, and in so doing, is attempting to mitigate the matter before a plea is worked out. This strategy is the ideal way to show that the client is remorseful and hopefully secure the best plea deal available.

It is not yet clear what K-Rod's actions will cost him legally. Financially, he has cost himself $3 million at minimum. Medically or physically, of course, it has cost him an injury and surgery on his thumb.

Hell hath no fury like a woman wielding a urostomy bag scorned... Reportedly, an ex-girlfriend was lurking outside the home of her ex-boyfriend, when she was detected and confronted. She immediately attempted to hit her ex's brother with her automobile and then drove away. When police pulled her over soon afterwards, she detached her urostomy bag and hurled it at the three officers, splashing them with urine.

Not only can this woman be charged with attempted murder for trying to hit a man with her vehicle, but she also can get in trouble for assault on police officers. Though her attempt did not connect directly, under criminal law, the throwing of a bag of urine would constitute assault if it hit an officer. Here, the liquid did make contact sufficient to uphold a simple assault charge. This is analogous to one individual spitting on another. Even though he or she didn't actually reach out and touch someone in a layman's understanding, the spit itself acts as an extension of the person and thus criminal exposure results. The same is true here, as urine acts as an extension of the woman by hitting the police with it. Naturally, her more urgently serious problem is the attempted murder charge, but still interesting regarding throwing a bag of urine. Either charge should be handled by an experienced attorney.

An arrest has reportedly been made of a high school senior, who is charged with third-degree aggravated criminal sexual contact and third-degree criminal sexual contact, which allegedly occurred in Seaside Heights, following his prom in northern New Jersey. It is said that the 18 year old woman was incapacitated when she was victimized in a hotel, meaning she was indisputably unable to or did not give consent and anything that may have transpired was not consentual. The young man, who is in the U.S. on a student visa from Zimbabwe, is being held on $125,000.00 bail in Toms River and has been relieved of his passport.

The fact that Mr. Kabete is on a visa makes his potential trouble even more severe for him since he can be deported if he is convicted with a crime. If he cannot make bail, Mr. Kabete will be sitting in jail for a while, since this matter will have to present for indictment with the grand jury. If the grand jury returns an indictment, he will then have to be arraigned, which means he must plead guilty or not guilty. This is the stage at which a public defender would enter the proceedings, unless Mr. Kabete can afford to hire a private attorney. After an indictment and at the arraignment, the law requires someone to be represented by a lawyer, assuming he hasn't chosen to represent himself. Mr. Kabete has no such right at this time and will have a long process to get there if the reports prove to be true. It is clear, however, that his interests would be best served by the counsel of a skilled attorney who has experience with these types of charges.

Details have yet to be provided, and the victim's identity continues to be protected due to age and the nature of the crimes. These charges can include a wide array of conduct involved with an act of sexual penetration such as use of a weapon, physical force, threats, the aid of another person, severe personal injury, or it coincides with assault on another. The severity of the charges remains to be seen, but the occurrence of this sort of crime is a huge fear often associated with risky behavior surrounding proms. It should serve as a warning, with weeks left in the prom season. If you find yourself in any way related to a similar occurrence, it is in your best interest to contact an attorney.

There is a reputation for loud, brutish behavior at Philadelphia sporting events and a Cherry Hill New Jersey man did nothing to refute that notion. Apparently, an off-duty police officer was attending the Phillies game with his daughters, and behind them sat a group of extremely intoxicated college aged men. This rowdy crew was certainly a problem, but their poor behavior hit an apex when one of the young men stuck fingers down his throat to vomit at will upon one of the off-duty police officer's daughters. Finally, some other nearby fans intervened and restrained the offender while security could move in to remove him. The man was charged with aggravated assault.

This is a great illustration how one can be charged with assault when the facts are not one a layperson would understand as assault, due to the intent of the law. Here, the young man was charged with aggravated assault because the vomit landed on the girl. The vomit is considered an extension of the man, and of course he willfully vomited, so the act rises to the level of aggravated assault. Many people commonly think that aggravated assault means assault, or harming another using a weapon (i.e. a baseball bat). However, in New Jersey, it is defined in N.J.S.A. 2C:12-1(b)(1) as "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 injury..." Naturally, there are many more subsections, but that is the basic, fundamental standard for aggravated assault. Psychological trauma on the part of the young girl would certainly be conceivable harm in this case. Now this case is in Pennsylvania so the law may be different, but this gives one an idea of what the spirit and intent of the law is in this matter in New Jersey. A highly skilled attorney would be required to defend against charges such as these.

Sometimes a simple disorderly persons offense can lead its way to the 3rd degree assault on a police officer. This is what happens when you lay your hands on a police officer or in this instance squirt a substance, or bodily fluid, at a cop. Here, a Kentucky woman was being jailed for public intoxication, but she decided to express her displeasure by squirting breast milk in the face of a female police officer while she was changing into the intimate clothes. Her judgment was obviously impaired, but this was a big mistake because instead of probably merely paying a fine, this woman will face a potential criminal record and even jail time.

A common misconception out there is that you must punch or strike someone to qualify for criminal assault. This is simply not the case. As strange as it sounds squirting breast milk at someone can qualify as criminal assault because all that is necessary is that an actor makes contact with someone. The contact can be with your fist, a weapon, or in this case bodily fluid. To make matters worse, this woman assaulted a police officer, which usually carries a stiffer penalty than if she had done this to her neighbor or co-worker. While, Kentucky is a different jurisdiction than New Jersey of course, the laws are most likely similar in dealing with assault on law enforcement officers. This will be a rather expensive legal lesson for this Kentucky woman, but a good tutorial for everyone else out there. Remember when you are around police officers keep your hands, feet, and breast milk to yourself, and always retain an attorney if your behavior has been perceived as an assault.

For the second time in 12 months, Steelers Quarterback Ben Roethlisberger finds himself responding to questions about sexual assault. However, this time the woman did not wait a full year to report the crime.

During the late summer of 2009, a Reno casino employee accused Roethlisberger of sexual assault for an alleged incident that occurred in 2008. This woman filed a civil law suit in attempt to get money from Big Ben. This is much different matter. A woman claims she was assault last night and has filed criminal charges with local police in Georgia.

Naturally, this matter is in infancy, but the first few hours are critical in a sexual assault criminal investigation. Here reports indicate that the victim has already gone to the hospital where an forensic evidence will be gathered and she has told her story to police. The two-time Super Bowl champion QB will also be questioned, and he can choose to either refuse or answer the questions. Regardless of guilt or innocence, it is generally advised not to answer questions without a lawyer present.

As the police continue to gather information, it is important to remember that is an ongoing investigation. The fact that someone brought charges does not mean the police have to follow through with them. Rather the police must investigate the matter and if they find probable cause that alleged assault occurred then they can filed chargers against the Steelers QB.

Charges of a drug-fueled rape of a potential client do not do much to help the legal profession. Mr. Al Garcia's rape trial began with his accuser's testimony that when she appeared for a consultation for his legal services one evening, she was instead offered cocaine, raped and forced to perform sexual acts. While three others have come forward to testify that Mr. Garcia attempted to trade legal services for sex, the defense has offered evidence that shows no signs of force or injury in the medical report taken after the alleged attack.

While this story leaps of the page due to the "shock value" the case may still be a difficult for prosecutor's to prove based on the facts that have been publicized. This case ultimately comes down to the credibility of both the victim and the attorney. This is because the attorney's defense is not a denial that sexual acts occurred, but rather that the sexual acts were consensual. The fact that Judge is allowing three witnesses to testify appears to undermine the defense. Witness testimony like this can backfire, though, because the defense may argue that the victim in this case was accepting the attorney's offer. However, the fact that the attorney was allegedly using narcotics really damages the attorney's image for the jury. The jury is going to have to weigh the evidence, and the drug use may be a factor is convincing a jury that the attorney did sexually assault the victim and that there was no consent. An experienced attorney can determine the strongest defense against these types of charges, with extremely sensitive and nebulous circumstances, based upon the specific facts of each individual case.

In addition to the State trial, Garcia has been convicted in Federal Court as well for distribution of cocaine and methamphetamine, though the State jury will not know this, at least until the trial is over. Regardless of the outcome of the state trial, Garcia faces attorney discipline including potential disbarment. His law license has already been suspended, and he will probably be looking for a new line of work. The only question is whether he'll have a stopover in the state prison.

A defendant who pleaded guilty to assault, and charged with drunken driving, drug possession among other things, fled his home state recently. But according to a report, he virtually turned himself in using Facebook. He was living in a nearby state since the fall, and has been wanted by police for failure to appear at his sentencing. Perhaps he didn't realize that police use the Internet too. The tech-savvy police posted a thank-you note too, for the defendant's diligent status posts, which led them to his whereabouts.