Criminal Law

In criminal cases, the State's power can feel overwhelming. We are committed to standing up to the State and protecting every client's liberty, rights, and freedoms. With years of experience and having represented thousands of clients, we know how to navigate the criminal justice system. It is a core tenet that everyone is presumed innocent, and we will fight vigorously for our clients at every step of the process. Malatino & Elko represents clients from the investigation phase to trial, and with over a decade of Criminal Law experience, we want to put our knowledge to work for you.

Areas of practice

  • Under the N.J.S.A., there are three types of homicides in New Jersey: Murder, Manslaughter, and Death by Automobile. Murder carries one of the most severe criminal penalties. Whether an individual is charged with murder or manslaughter focuses on the individual’s intent when causing the death of another.

  • Per N.J.S.A 2C:15-1, a person is guilty of a robbery if, during the course of committing a theft, an individual:

    (1) Inflicts bodily injury or uses force upon another; or

    (2) Threatens another with or purposely puts him in fear of immediate bodily injury; or

    (3) Commits or threatens immediately to commit any crime of the first or second degree.

    An individual is guilty of a robbery if the “force ” occurs during the theft or in immediate flight after the theft.

    Generally, a Robbery is a crime in the 2nd degree; however, if during the theft, the individual threatens to kill or causes or attempts to cause serious bodily injury or a weapon was used during the course of committing a theft, the individual is guilty of a crime in 1st degree.

  • Per N.J.S.A. 2C: 12-b, aggravated assault occurs when an individual knowingly and intentionally causes or attempts to cause serious bodily injury to another or does so under circumstances manifesting extreme indifference to human life. Aggravated Assault can also occur by pointing a firearm (or fake firearm) at another or when an individual commits a simple assault on a law enforcement officer. The degree of crime ranges from 4th degree to 2nd degree, and the potential prison sentence ranges from 1 year to 10 years (with 85% of that time to be served without parole on 2nd-degree crimes).

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  • The degree and potential penalties for a Shoplifting charge are determined based on the value of goods deprived or attempted to be deprived from a store.

    Less than $200 - disorderly person - up to 6 months in jail and up to a $500 fine.

    $200 but less than $500 - 4th-degree crime - up to 18 months in State Prison and up to a $1,000 fine.

    $500 but less than $75,000 - 3rd-degree crime - up to 5 years in State Prison and up to a $15,000 fine.

    $75,000 at more - 2nd-degree crime - up to 10 years in State Prison and up to a $150,000 fine

    If an individual is convicted of a 3rd Shoplifting offense, the law requires that individual serve a mandatory 90 days in jail.

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"You never know how strong you are until being strong is your only choice."
- Bob Marley

Let us be your sword and your shield.

It is never too early to contact an attorney if you believe that you are the target of a criminal investigation. Contacting an experienced attorney will ensure that you know your rights and how to protect yourself. We understand that facing a criminal prosecution takes an emotional and mental toll. As experienced attorneys, let us put our skills and knowledge to work on your behalf.