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

Sunday, October 19, 2014

Rule 5:22-2. Referral of Juvenile's criminal case to adult court

Rule 5:22-2. Referral of Juvenile's criminal case to adult court

(A) a crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted of:
         1. criminal homicide, other than death by auto; or
         2. strict liability for drug-induced deaths (N.J.S.A. 2C:35-9); or
         3. first degree robbery; or
         4. carjacking; or
         5. aggravated sexual assault; or
         6. sexual assault; or
         7. second degree aggravated assault; or
         8. kidnapping; or
                  9. aggravated arson; or…….

On a finding of probable cause for any of the offenses enumerated above, the burden is on the prosecution to show that the nature and circumstances of the charge or the juvenile's prior record are sufficiently serious that the interests of the public require waiver. Waiver shall not be granted, however, if the juvenile can show that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services, and facilities available to the court substantially outweighs the reasons for waiver.

Indictable Criminal Penalties [Felony type] [ Superior Court]

Indictable Criminal Penalties [Felony type]  [ Superior Court]
                                      Jail  potential          Fine max         Probation
         1st degree           10- 20 years            $200,000        [presumption of jail]
         2nd degree          5-10 years               $150,000        [presumption of jail]
         3rd degree           3- 5 years                $15,000          1 year- 5 year

         4th degree           0- 18 months           $10,000          1 year- 5 year
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
                                Jail 2C: 43- 8       jail  6 month maximum
                                                           probation 1-2 year                      
                                                           community service  180 days maximum 
                                                           mandatory costs, VCCB and other penalties
Disorderly- fines:          2C: 43- 3        $1,000 Fine  maximum              

2C:14-1 Definitions in sexual assault cases

2C:14-1  Definitions in sexual assault cases.2C:14-1.  Definitions.  The following definitions apply to this chapter:

a."Actor" means a person accused of an offense proscribed under this act;

b."Victim" means a person alleging to have been subjected to offenses proscribed by this act;

c."Sexual penetration" means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction.  The depth of insertion shall not be relevant as to the question of commission of the crime; 

d."Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present; 

e."Intimate parts" means the following body parts:  sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person;

f."Severe personal injury" means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain;

g."Physically helpless" means that condition in which a person is unconscious or is physically unable to flee or is physically unable to communicate unwillingness to act;

h.(Deleted by amendment, P.L.2011, c.232)

i."Mentally incapacitated" means that condition in which a person is rendered temporarily incapable of understanding or controlling his conduct due to the influence of a narcotic, anesthetic, intoxicant, or other substance administered to that person without his prior knowledge or consent, or due to any other act committed upon that person which rendered that person incapable of appraising or controlling his conduct; 

j."Coercion" as used in this chapter shall refer to those acts which are defined as criminal coercion in section 2C:13-5(1), (2), (3), (4), (6) and (7).