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.

A man has been arrested for stealing over half a million dollars worth of jewelry from properties along the Navesink, among them, Jon Bon Jovi's wife's jewelry! Police have reported that the Beachwood man, only 21 years old, robbed a large handful of mansions and estates on Navesink River Road, and ultimately was caught by tripping an alarm in one of them. Also among the burglary victims is former head of American Eagle Outfitters, George Kolber, and a Middletown ophthalmologist.

The Defendant, Nicholas Tracy, is charged with three counts of second-degree theft and four counts of third-degree burglary. He is in jail with a hefty bail set at $100,000.00, and he was not given the option to post 10% as an alternative. This young man is in very deep, hot water and some would say gutsy, in foolish, wrongheaded, stupid sort of way for a 21 year old. It is unknown as to whether or not he was aware of the fact that he was stealing from the home of one of New Jersey's all time most beloved celebrities. The details of the reports don't seem to suggest that this inconvenient coincidence contributed to his getting caught.

Celebrity status of a victim aside, the Defendant stole a significant amount of worth of valuables in this case. Burglary, in its simplest definition, means breaking into the dwelling of another with the intent to commit a crime. Here, breaking into another's home to "steal" items fits the definition. One factor weighing in the Defendant's favor would be if he did not yet unload or sell the jewelry. If he still had the stolen property in his possession, then making restitution to the victims would be easier. Restitution is basically where the defendant makes a payment or returns stolen items to the victims or true owners. Many times, restitution is the key to resolving the case in a more favorable manner for the defendant. If a defendant is able to return an expensive item, such as jewelry, he is more likely to receive a lesser sentence. If he has already pawned the times, usually for less than they are worth, if the items were pawned for cash, and if he spent the cash with no way to repay it, the legal penalty will tend to be more severe.

His defense attorney should do whatever he can to sway the Court, and the victims, that he is a young man who has lost his way, and that with some support, he can alter his path, (hopefully) repay the members of the wealthy community he targeted, learn his lesson without posing any further threat to society. The details would have to support this position in some way, but any attorney would consider using his relative youth as a legal strategy. Of course, he is not a minor, and this young adult would have to be extremely remorseful for his crime.

A reality star and aspiring model allegedly burglarized those whom she sought to hobnob with, and has been charged with the crime, along with six others. Alexis Neiers, who at age 18 is an adult, pleaded 'no contest' and received six months in jail and three years probation. If she violates probation, she can get as much as two years in state prison. The plea of 'no contest' here was her best option to serve the least amount of jail time. She could have been sentenced to six years in prison if she risked mounting a defending at trial and getting convicted. The defendant here was part of group that was also targeting other celebrities. As such, the burglary of Mr. Bloom's house was not isolated but part of a larger criminal enterprise. Other celebrity targets allegedly include Paris Hilton, Lindsay Lohan and Rachel Bilson. She could face charges for conspiracy on the other houses. She has until the end of June to enjoy her freedom, before heading to jail, for which it is reported that she will testify against the other individuals charged. They are scheduled for a Court appearance at the end of the month. This is an example of the benefits a defendant can avail him or herself of when hiring a skilled defense attorney at the first possible opportunity following an arrest.

A New Jersey man, who is selling his townhouse, found two teenagers asleep on the unoccupied floor.  The teens were ultimately charged with burglary, criminal mischief, and possession of drug paraphernalia.

On Saturday morning, the homeowner was checking on his unoccupied townhouse and found more than just empty bowls of porridge.  However, Goldie Locks was not present; rather, a 17 year-old male and 15 year-old female were found in the unit.  Apparently the teens broke a sliding glass door to gain entry into the premises.  Once the homeowner saw the sleeping teens, he immediately called the police who issued citations to both teens for burglary, criminal mischief, and possession of drug paraphernalia.  It is estimated that the sliding door will cost $2,000 to repair.  The teenagers' names were not released since both are under the age of 18.

New Jersey Criminal Lawyer Blog's Take:  This unique version of the three bears probably has some scratching their head as to why the teens were charged with burglary if they did not "steal" anything.  There is a common misconception that burglary implies theft.  In fact burglary only requires the breaking and entering into the dwelling of another with the intent to commit a felony therein.  Thus, even though the teens broke into the townhouse and were asleep they were found with drug paraphernalia.  This explains how New Jersey police charged the teens with burglary. 

An additional fact about burglary is that it has its roots in English common law, which required the act to take place at night and in the residential dwelling of another.  These laws have modified in most jurisdictions to allow for the breaking and entering at any time of the day and in any type of building whether they be residential homes or commercial offices.

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