Call Now For Help

732.580.1237

New Jersey Appeals Court Reverses Conviction B/C Defendant Lacked Intent

12
Jan
2010

by in Criminal Defense

In this NJ criminal case recently decided on appeal, the Appellate Division held that a defendant cannot be found guilty as an accomplice unless he or she shared the intent to commit each charged offense. If you have lost in any Municipal, Criminal, or Civil court in New Jersey, contact a former Appellate Division Judiciary Attorney for an evaluation of your case.

State v. Whitaker, ? N.J. ?, 983 A.2d 181 (2009) – Reversal of convictions for felony murder, robbery, and weapons possession affirmed. “Under the Code, accomplice liability requires that a defendant act ‘[w]ith the purpose of promoting or facilitating the commission of the offense.’ N.J.S.A. 2C:2-6(c)(1). Defendant could not be found guilty of robbery and felony murder unless he shared Davis’s intent to commit a theft before or at the time that Davis shot the victim.

[T]he prosecutor improperly advised the jury that it could convict defendant of robbery and felony murder solely on the ground that he aided Davis in his escape, even if he did not participate or assist in any way in the attempted robbery….

[I]n this case, after Davis fatally shot Hernandez, the first-degree robbery had occurred. Unless defendant intended to promote or facilitate the theft committed by Davis before or at the time of its occurrence, defendant is not a culpable party to the robbery…. [D]efendant cannot be held liable as an accomplice to a robbery solely based on his conduct after Davis had already robbed and fatally wounded the victim….

[I]f defendant lacked the specific intent to commit the theft but instead intended only to assist in hindering Davis’s apprehension, defendant would be guilty only of the crime of hindering.” (Kevin G. Byrnes, Designated Counsel)

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.