We recognize that an inadequate factual basis does not necessarily entitle a defendant to relief upon a collateral attack of a conviction. “If a guilty plea is knowing and voluntary, a court’s failure to elicit a factual basis for the plea is not necessarily of constitutional dimension and thus does not render illegal a sentence […]
Aggravated Assault and Defense of Others: Part 2
The trial court minimized the threat of harm the victim posed to Pugh. We disagree. Serious bodily harm could certainly result from the victim biting Pugh’s hand so firmly that Pugh could not extricate it; and so stubbornly that the victim would not relent despite defendant’s placement of a headlock. The jaw is a powerful […]
Aggravated Assualt and Defense of Others: Part 1
On December 26, 2017, a three-judge appellate panel decided the Atlantic County case of State v. Belton. The principle issue arose under N.J.S.A. 2C:3-5 “Use of Force for the Protection of Other Persons.” It was whether Belton was entitled to have his guilty plea to first degree aggravated manslaughter vacated because he stated during the […]
Amendment to the Grading of Strangulation Assaults
The following statute, N.J.S.A. 2C:12-1b(13), was amended by L. 2017 C. 240 for the purpose of providing that strangulation of a victim resulting in bodily injury during the commission of an act of domestic violence constitutes aggravated assault. The revised statute reads: 2C:12-1. b. Aggravated assault. A person is guilty of aggravated assault if he: […]
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