Jesse Moscatello, 20 year-old Oakland, New Jersey, resident, in conjunction with Margaux Tocci, Daniel Chaupiz and Samer Saleh, allegedly viciously beat, robbed and left their former "friend" for dead in a schoolyard. Tocci, the victim's ex-girlfriend, allegedly lured the victim into a schoolyard wherein the four (4) beat him, stole his wallet, and destroyed his cell phone. According to the police, they left the victim bleeding on the ground. Eventually, the victim made it by foot to a nearby house on Lucas Lane. He was taken to a hospital from there and treated for his injuries.
Moscatello turned himself over to authorities yesterday. He was charged with robbery, assault and theft. After posting $25,000 bail, he was released.
In order for the State to prevail on these charges, they must prove all elements of the following statutes:
A person is guilty of robbery if, in the course of committing a theft, he:
(1) Inflicts bodily injury or uses force upon another; or
(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or
(3) Commits or threatens immediately to commit any crime of the first or second degree.
An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.
b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
2C:12-1a. Simple Assault.
A person is guilty of assault if he:
•(1) Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
•(2) Negligently causes bodily injury to another with a deadly weapon; or
•(3) Attempts by physical menace to put another in fear of imminent serious bodily injury
2C:12-1b: Aggravated Assault
A person is guilty of aggravated assault if he:
•1. Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
•2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
•3. Recklessly causes bodily injury to another with a deadly weapon; or
•4. Knowingly under circumstances manifesting extreme indifference to the value of human life, points a firearm... at or in the direction of another, whether or not the actor believes it to be loaded...
It is currently unknown what degree of theft the defendants were charged with, however; I hypothesize that they were charged with theft in the third degree (a crime) because the items were taken from the person/victim. Also, if the values of the items stolen are worth more than $500, but less than $75,000, they can also be charged with theft in the 3rd degree.
They would be charged with theft in the 4th degree if the value of the items are worth between $200 and $500, however; the items were taken directly from the victim. As such, it appears that theft in the 3rd degree would be a more appropriate charge.
Lastly, a theft involving less than $200 is a disorderly persons charge. Again, this does not appear applicable because the theft was directly from the victim.
If you would like to discuss this blog further, contact me at Matthew@jtlaw.org