Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Wednesday, November 12, 2008

BurglarySecond or third degree 2C:18-2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution


Burglary
Second or third degree 2C:18-2

If term of imprisonment of at leastone year is imposed and conviction is
in the second degree or if record of
conviction establishes unlawful entry
into a dwelling, would probably be
deemed a “crime of violence” AF; if
term of imprisonment of at least one
year is imposed and record of
conviction establishes unlawful entry
into a dwelling (see Taylor v. U.S.,
495 U.S. 575 (1990)), would
probably also be deemed a
“burglary” AF.
Would be considered
a CIMT if record of
conviction establishes
that the offense
intended to be
committed was a
CIMT.
If conviction of crime of the
second degree is based on
charge that the defendant was
armed with or displayed what
appeared to be explosives or a
DW, conviction might be
considered a FO if record of
conviction establishes that
explosive was a destructive
device (as defined in 18
U.S.C. § 921 (a)) or that DW
was a firearm.
More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

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