The Jersey Lawyer

Police have alleged that 18 year old Anthony Feleciano of Elizabeth, NJ, fired a handgun into a group of party-goers after a fight brook out at the party in Woodland Park, NJ.  According to police, a Totowa resident was shot in the back.  The victim was treated and released.  Feleciano has been charged with attempted murder as a result of the incident, as well as possession of a weapon for an unlawful purpose and unlawful possession of a weapon.  Attempted murder is one of the most serious crimes under the New Jersey criminal code, and therefore anyone charged with this crime, or any other crime, should contact a New Jersey criminal defense lawyer for representation.

Under N.J.S. 2C:5-1, “a person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (1) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be; (2) When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such result without further conduct on his part; or (3) Purposely does or omits to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.”

Under 2C:5-4, an attempt to commit the crime of murder is a first-degree crime.  First-degree crimes carry a term of imprisonment between ten and twenty years.  Also, anyone convicted of murder or an attempt to commit murder is subject to the provisions of the “No Early Release Act,” (“NERA)”, N.J.S. 2C:43-7.2.  Anyone convicted of a NERA offense does not become eligible for parole until they have served 85% of any term of imprisonment imposed at sentencing.  In addition, anyone who uses a firearm in the course of committing a crime is subject to the Graves Act, N.J.S. 2C:43-6, which provides for mandatory minimum prison sentences during which the defendant is not eligible for parole.

In many “attempt” cases, a big issue in the case is whether the defendant acted with the state of mind that is necessary for an attempt.  In order for an individual to be convicted of an attempt, he must be acting purposely because one cannot logically attempt to cause a particular result unless causing that result is one’s “conscious object.”  Therefore, in order for the State to prove an attempted murder charge, the State must show that the defendant’s purpose must have been to kill the victim.  Under New Jersey law, an act committed with recklessness that results in a death can be charged as manslaughter; however, one cannot attempt a manslaughter.  Therefore, in this case, if the State cannot prove that Mr. Feleciano acted with the intent to kill the victim, the charge would have to be downgraded to an aggravated assault under N.J.S. 2C:12-1(b), which, under the circumstances would be a second-degree crime.

Attempted murder is a very serious crime and carries very serious consequences; however, as this article illustrates, there are several issues that arise in attempt cases that can serve to secure an acquittal for the defendant, or at least a downgrade to a less serious offense.  Therefore, anyone charged with an attempt to commit a crime such as murder or any other crime in New Jersey should contact a New Jersey criminal defense lawyer for representation.