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 19, 2008

Distributing, dispensing or possessing within 500 feet of certain public property Second or third degree 2C:35-7.1

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

Distributing, dispensing or possessing within 500 feet of certain public property
Second or third degree 2C:35-7.1

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF. However, if
conviction is for distribution of a
small amount of marijuana, and the
record of conviction does not
establish remuneration, may not be
considered an AF. Wilson v.
Ashcroft,350 F.3d 377 (3d Cir.
2003); Steele v. Blackman, 236 F.3d
130 (3d Cir. 2001). Please see more
detailed note at end of chart.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

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