Official Misconduct

Official Misconduct Defense Lawyers in Mount Holly NJ

Do you work as a public official? Have you been arrested and charged with Official Misconduct? If so, you could be facing mandatory incarceration up to ten (10) years in a New Jersey State Penitentiary. Crimes that touch on public office have always been investigated and prosecuted aggressively County Prosecutors and the New Jersey Attorney General’s Office. Beyond the stain on your reputation and the loss of your job, Official Misconduct charges are an indictable offense in New Jersey that carry possible imprisonment, probation and a felony criminal record. If you or someone you love were arrested and charged with Official Misconduct or any other criminal offenses, contact the law firm of Proetta, Oliver & Fay. Do not let allegations of “corruption” or “abuse of power” control your story. Contact an experienced criminal defense attorney today to learn what these cases entail and how we can assist you or your family. 

Proetta, Oliver & Fay is a criminal defense law firm that is comprised of attorney that have dedicated their careers to criminal practice. Firm Partner, William C. Fay, Esq., is a former New Jersey Deputy Attorney General and heads our Criminal Practice Group. Having spent part of his career involved in corruption investigations, Mr. Fay is well-prepared to consult with you on your pending investigation or charges. If you are facing charges for Official Misconduct, please call (609) 85-8284 today to speak with Mr. Fay. The initial consultation is provided free of charge and we can be reached 24/7 for your convenience. Do not hesitate to contact our office with any questions or concerns.

Official Misconduct Charges in NJ

The New Jersey laws pertaining to official misconduct are fairly straightforward in terms of the actual statutory language. However, the actual prosecution of these cases can be complex and intricate. At its core, the statute for Official Misconduct, N.J.S.A. 2C:30-2, seeks to prohibit individuals from of using their position as a public servant to either their benefit or the detriment of another. Typically, Official Misconduct charges have an underlying separate criminal offense that touched on the defendant’s public position. These separate criminal charges tend to involve criminal acts like theft or fraud. It is the use of the defendant’s public office during the course of this criminal violation that triggers the charges for official misconduct. Under N.J.S.A. 2C:30-2:

“A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself/herself or another or to injure or to deprive another of a benefit: (1) He/She commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or (2) He/She knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.”

Who Qualifies as a “Public Servant”?

A public servant has been defined as being “any officer or employee of government, including any branch, subdivision, or agency of this State or any locality within it.” Obvious examples of this would be mayors, councilmen/councilwomen, police officers, firefighters and county freeholders, just to name of few. For more information on what else may qualify as a public servant or to speak with an attorney, call (609) 850-8284. 

Can I Go to Jail for Official Misconduct in NJ?

Yes. As a second degree or third degree offense, the possible length of imprisonment for a conviction will fall under New Jersey’s sentencing guidelines. If you are charged with Second Degree Official Misconduct, you are subject to incarceration at a NJ State Prison between five (5) and ten (10) years. Furthermore, Official Misconduct will carry a mandatory term of parole ineligibility. This means that you will not be eligible for early release. Alternatively, Third Degree Official Misconduct carries a term of incarceration in a NJ State Prison between three (3) and five (5) years. Regardless of the nature of your charges, any conviction for Official Misconduct carries a serious possibility, if not mandatory, imprisonment. 

New Jersey Official Misconduct Attorneys

As clearly demonstrated from the information above, official misconduct charges require your full and complete attention. If convicted, not only will you face incarceration but you will also be subject to termination of employment and restrictions against future public employment. If you or a family member have been arrested and charged with Official Misconduct, please contact our office for an immediate consultation. These types of charges may also include crimes like theft of property, money laundering, credit card fraud, theft by deception and theft of services. Our office is a full-service criminal defense law firm that has represent defendants throughout New Jersey and Burlington County, including towns like Evesham, Mount Holly, Pemberton, Maple Shade, Moorestown, Florence, Mount Laurel, Willingboro, Cinnaminson and Palmyra. To speak with an attorney today, please contact our office today at (609) 850-8284.