Road-Rage Leads To Charges Of Terroristic Threats And Weapons Possession
- March 24, 2014
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During a road-rage incident, Lisa Brown threatened to kill a family while swinging a large knife at the father’s face. The family was stopped at a red light when a car screeched to a halt behind theirs then they heard something hit the rear of their car. The father, who was the driver of the car, exited the vehicle to find the driver of the other vehicle and the passenger, defendant, screaming at him. In State v. Brown, the defendant was tried and convicted of two counts of 3rd degree terroristic threats (N.J.S.A. 2C:12-3(a)), one count of 3rd degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4(d)) and one count of 4th degree criminal mischief (N.J.S.A. 2C:17-3(a)(1)). At sentencing, brown received a 5 year prison sentence with 18 months of parole ineligibility on all 4 convictions. Defendant appealed on multiple grounds. On appeal, the court affirmed the convictions but remanded for resentencing because a defendant shall be sentenced separately on each count of an indictment pursuant to State v. Orlando, 269 N.J. Super. 116 , 634 A.2d 1039 (App.Div. 1993). Also, the court shall clearly indicate which charges, if any, are to be merged and which shall run concurrent pursuant to State v. Yarbrough, 100 N.J. 627, 643-44, 498 A.2d 1239 (1985). Terroristic threats in NJ are a 3rd degree crime punishable by 3-5 years in prison and up to $15,000. These charges, unless written, are difficult to prove and a skilled criminal defense attorney can prove invaluable in your defense. For more information regarding terroristic threats, weapons charges, road-rage or other criminal charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.