Consent in New Jersey Criminal Cases
Passaic County NJ Consent Defense Lawyer
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Clifton, Paterson, Passaic, and Wayne, who have been charged with criminal offenses such as weapons possession, aggravated assault, terroristic threats, and criminal restraint. She is a battle-tested criminal defense lawyer who will attack the criminal charges against you and explore all possible defenses on your behalf.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you. Contact her office anytime for an initial consultation, which is always provided free of charge.
Defense of Consent in New Jersey: N.J.S.A. 2C:2-10
Defenses – Consent. N.J.S.A. 2C:2-10 provides:
a. In general. The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.
b. Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if:
- The bodily harm consented to or threatened by the conduct consented to is not serious; or
- The conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a kind not forbidden by law; or
- The consent establishes a justification for the conduct under chapter 3 of the code.
c. Ineffective consent. Unless otherwise provided by the code or by the law defining the offense, assent does not constitute consent if:
- It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or
- It is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature of harmfulness of the conduct charged to constitute an offense; or
- It is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.
- Alissa D. Hascup knows the nuances of the law and the defenses that can be raised to fight certain charges. She can use her knowledge to your advantage.
Contact a Totowa NJ Consent Defense Lawyer for a Free Consultation
If you find yourself in a situation where you or a loved one have been charged with a criminal offense as a result of a domestic violence or other related incident in which the victim provided consent, you may have a valid defense. Don’t delay in hiring legal representation – protect your rights. Contact Ms. Hascup’s office today by calling or filling out an online contact form.