Asbury Park NJ Criminal Lawyer
The Law Offices of Jonathan F. Marshall represent clients charged with underage possession of alcohol, providing alcohol to minors, and possession of a fake ID throughout New Jersey including in Manasquan, Belmar, Point Pleasant, and Seaside Heights. Our criminal defense lawyers have over 100 years of combined experience and have previously served as county prosecutors and municipal prosecutors in Monmouth and Ocean County. As a result, our attorneys know the judges, prosecutors, and the system extremely well and will develop a comprehensive strategy to defend you against these criminal charges. Contact our offices anytime for a free initial consultation at (732) 450-8300.
Providing Alcohol to Minors: N.J.S. 2C:33-17
Providing alcohol to minors is a serious offense that carries significant legal consequences in New Jersey. The state has strict laws in place to protect underage individuals from the dangers of alcohol consumption. Below, we will explore the crime of providing alcohol to a minor, its legal implications, frequently asked questions, and provide valuable insights into the matter. Consulting with an experienced attorney is recommended if you are facing charges related to this offense.
In New Jersey, providing alcohol to minors under the legal age to drink (21) is a criminal offense under N.J.S. 2C:33-17 which provides in pertinent part:
§ 2C:33-17. Availability of alcoholic beverages to under aged, offenses
a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person.
This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages.
b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense.
Manasquan NJ Underage Drinking Criminal Lawyer
As the above statute details, an adult who provides alcohol to a minor, under age twenty-one (21), is guilty of a disorderly persons offense in New Jersey. This can include purchasing alcohol for a minor or providing alcohol to a minor in the home or at a party. A disorderly persons offense is a criminal offense in New Jersey which includes up to six (6) months in the county jail, up to a $1,000.00 fine, and a permanent criminal charge on your record (subject to expungement after five (5) years in certain circumstances).
If you or a loved one has been charged with providing alcohol to minors or underage drinking in New Jersey, the Law Offices of Jonathan F. Marshall can help. Contact our office for immediate assistance at (732) 450-8300. The initial consultation is always provided free of charge.
Defenses And Mitigating Factors
If you are facing charges for providing alcohol to a minor, there may be potential defenses or mitigating factors that could help your case. It’s important to consult with an experienced attorney who can evaluate your situation and determine the best course of action. Some possible defenses and mitigating factors may include:
Lack Of Knowledge
If you can demonstrate that you were unaware of the minor’s age or that they misrepresented their age, it could potentially weaken the prosecution’s case. Relatedly, if the minor accessed alcohol in your home without your knowledge, this could serve as a defense.
Lack Of Intent
Proving that you did not intentionally provide alcohol to a minor may be a valid defense strategy. For example, if you thought you were providing a non-alcoholic beverage to a minor, but you were actually providing them an alcoholic beverage, then you could defend on the grounds that you did not intend to serve the minor alcohol.
Frequently Asked Questions About Providing Alcohol To A Minor In New Jersey
What Are The Legal Consequences For Social Hosts Who Provide Alcohol To A Minor In New Jersey?
Social hosts who provide alcohol to a minor can face criminal charges, fines, and potential imprisonment. The severity of the penalties depends on various factors, including the circumstances surrounding the offense and any harm caused to the minor or others.
Can I Be Held Responsible If Minors Consume Alcohol At My Home Without My Knowledge?
As a social host, you may be held responsible for providing alcohol to a minor, even if you were unaware that the consumption took place. It’s crucial to take reasonable steps to prevent underage drinking on your premises, such as monitoring guests and ensuring alcohol is not accessible to minors.
What If The Minor’s Parents Consented To Me Supplying Alcohol To The Minor?
New Jersey law generally prohibits providing alcohol to anyone under the age of 21, regardless of parental consent.
Can I Be Held Liable If A Minor Causes An Accident Or Injury After Consuming Alcohol Provided By Me?
Yes, if a minor causes an accident or injury after consuming alcohol provided by you, you may be held liable. New Jersey has laws that impose civil liability on social hosts for damages caused by intoxicated minors. It’s important to be aware of the potential consequences and act responsibly when hosting gatherings involving alcohol.
Who Can Be Charged Under This Law?
Under Section 2C:33-17, the following individuals could be held liable for the offenses described:
- Individuals who offer or serve alcoholic beverages to a person under the legal age for consuming alcoholic beverages, or who entice or encourage an underage person to drink alcohol, are potentially liable. This includes individuals who purposely or knowingly provide access to alcoholic beverages to underage individuals.
- Parents or guardians of a person under the legal age for consuming alcoholic beverages could be liable if they offer or serve alcoholic beverages to their own child, provided they are of legal drinking age themselves. The statute provides an exception for parents or guardians who provide alcohol to their own child in their own home.
- Individuals who make their real property (owned, leased, or managed by them) available to another person or leave it in their care with the purpose of providing alcoholic beverages to individuals who are under the legal age for consuming alcohol may be held liable.
How Can New Jersey Criminal Defense Lawyers Help Me?
Providing alcohol to a minor in New Jersey is a serious offense that can result in criminal charges, fines, and potential imprisonment. Understanding the legal consequences and taking necessary precautions to prevent underage drinking is essential for both individuals and social hosts. By staying informed and seeking legal counsel when needed, you can navigate the legal system effectively and protect yourself from the severe ramifications of this crime.
If you are facing charges related to providing an alcoholic beverage to a minor in New Jersey, or your child is facing charges of underage possession of alcohol, it is crucial to seek legal representation from a knowledgeable attorney. The Law Offices of Jonathan F. Marshall has extensive experience in criminal defense and can provide the guidance and support you need. Contact them today for a free consultation to protect your rights and understand your legal options.
