If you’ve been arrested for seemingly normal or trivial conduct, you may wonder whether you can argue for the dismissal of your charges due to the minor, harmless nature of your action. In New Jersey, defendants may seek to dismiss criminal charges under the “de minimis” defense, arguing that their conduct does not rise to the level that warrants criminal prosecution or punishment. Contact Keith Oliver Criminal Law for a free initial case evaluation with a Monmouth County criminal defence attorney to discuss whether the de minimis defense can help you get your criminal charges dismissed.
Understanding the Concept of “De Minimis” in Law
Can minor charges be dismissed in New Jersey?
In criminal law, the “de minimis” defense allows a trial court to dismiss criminal charges when a defendant’s conduct meets specific criteria. The de minimis defense seeks to avoid prosecution for trivial conduct that may not necessarily warrant criminal punishment. This helps prevent wasting prosecutor and judicial resources on a defendant who may have technically violated the law but had a reasonable explanation for their action, did not act with malicious intent, or did not cause any harm or damage.
When Can the De Minimis Defense Apply?
Under New Jersey law, a trial court may apply the de minimis defense to dismiss a criminal prosecution when the trial judge finds that a defendant’s conduct meets one of three circumstances:
- The defendant’s conduct fell within a customary license or tolerance, the victim did not expressly object to the defendant’s conduct, and the defendant’s conduct does not go against the purpose of the law creating the offense
- The defendant’s conduct did not cause or threaten the harm the offense sought to prevent, or caused harm so trivial as not to warrant a criminal conviction
- The defendant’s conduct presents extenuating circumstances such that the legislature could not have reasonably sought to forbid the defendant’s behavior
How the De Minimis Defense Works in Practice
Defendants facing prosecution for seemingly trivial behavior should understand how the de minimis defense works in practice. Examples of scenarios where the de minimis defense may apply to support dismissal of criminal charges include:
- A person makes an honest mistake in believing they could take an item from a retail merchant, such as when they think the merchant is offering a buy-one-get-one-free deal, but the merchant had no such offer. Taking a second item would technically constitute theft, but the defendant had no intent to steal, and the product had minimal value.
- People in a neighborhood use a trail through a parcel of private property. The property owner does not have signs or fences barring access and has never instructed people to stay off the property. However, a new resident in the neighborhood sees people walking on the property and calls the police. Although walking on private property might constitute trespassing, the property owner’s failure to object to people entering their property and the customary practice of the neighborhood may weigh against prosecution.
- Two drivers get into an argument over street parking. One driver bumps shoulders with the other while walking away. A third party calls the police, and the police officer arrests the driver for simple assault. However, the court may decide to dismiss the charge when the incident caused no injury and the other driver has no interest in seeing the first driver prosecuted.
A criminal defense attorney may raise a de minimis defense to the trial court’s attention by filing a motion to dismiss based on the defense. In most cases, a trial court may not dismiss a criminal charge based on the de minimis defense without giving the prosecution notice and opportunity to respond to the motion. The state may also have the right to appeal the dismissal of a criminal charge based on the de minimis defense, especially when the trial court dismisses the charge after concluding that the legislature did not intend to forbid the defendant’s specific conduct.
Common Questions Defendants Ask About the De Minimis Defense
Frequent questions that criminal defendants have about the de minimis defense include:
How do you prove a de minimis defense in New Jersey?
When a trial court evaluates a N.J.S.A. 2C:2-11 dismissal motion, it will assume for purposes of the motion that the defendant committed the charged offense. A defendant may prove the applicability of the de minimis defense by showing that their conduct caused no harm to people, property damage, or financial loss. A defendant may also show that their conduct had become socially customary or acceptable.
Can you not use a de minimis defense for certain crimes?
A trial court may decline to apply a de minimis defense to offenses where the legislature likely intended to criminalize even de minimis conduct, such as drug possession.
What happens after the trial court dismisses a charge under the de minimis defense?
Under certain circumstances, the state may have the right to appeal the trial court’s dismissal of a criminal charge based on the de minimis defense. If the prosecutor’s office lacks the right to appeal a dismissed charge or chooses not to appeal, the defendant’s prosecution for that charge will end.
Why Legal Representation Is Crucial
When you may have a compelling de minimis defense to a criminal charge in New Jersey, having experienced legal counsel can give you the best chance of getting your charges dismissed under the de minimis defense. A criminal defense attorney can help you successfully assert a de minimis defense in a New Jersey criminal case by:
- Thoroughly investigating your case to recover evidence needed to demonstrate the applicability of one of the three criteria for a de minimis defense
- Developing a compelling argument for why the de minimis defense should apply in the case
- Filing a motion to dismiss and advocating for why your conduct falls below the threshold that should warrant criminal prosecution
Contact Our Monmouth County Criminal Defense Attorneys to Learn More
Contact Keith Oliver Criminal Law today for a free, confidential consultation with a Monmouth County criminal defense attorney to learn more about the de minimis infraction defense and whether raising it may help get your criminal charges dismissed. Our proven track record of success includes many dropped and reduced charges for our clients, and we can explain your best options under New Jersey law.