DAMAGE (N.J.S.A. 2C:17-2c) model jury charge

RECKLESSLY RISKING WIDESPREAD INJURY OR DAMAGE(N.J.S.A.2C:17-2c)model jury charge Countof the indictment charges the defendant with recklessly creating a risk of widespread injury or damage in violation of a statute which provides as follows: A person who recklessly creates a risk of widespread injury or damage commits a crime. . .even if no such injury or damage occurs. In order for the defendant to be found guilty of recklessly creating a risk of widespread injury or damage, the State must prove the following elements beyond a reasonable doubt: (1)that the defendant created a risk of widespread injury or damage; and (2)that the defendant acted recklessly. The first element the State must prove beyond a reasonable doubt is that the defendant created a risk of widespread injury or damage.The term widespread injury or damage means serious bodily injury to five or more people or damage to five or more habitations or to a building which would normally have contained 25 or more persons at the time of the offense.Serious bodily injury means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. The second element the State must prove beyond a reasonable doubt is that the defendant acted recklessly.A person acts recklessly with respect to the nature ofhis/herconduct or a result thereof whenhe/sheconsciously disregards a substantial and unjustifiable risk.The risk must be of such a nature and degree that, considering the nature and purpose of the actors conduct andthe circumstances known tohim/her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actors situation.[1] You must realize that recklessness is a state of mind which cannot be seen but can only be determined by drawing inferences from ones conduct, words or actions, and from all of the surrounding circumstances.It therefore is not necessary for the State to produce witnesses to testify that the defendant saidhe/sheknew or believed thathe/shewas acting recklessly.His/Herstate of mind is to be determined by you after you examinehis/herconduct and actions, all that was said or done at that particular time and place, and all the surrounding circumstances. If the State has failed to prove any one or more of the elements as I have described them to you beyond a reasonable doubt, you must find the defendant not guilty of recklessly creating a risk of creating widespread injury or damage.If the State has proven each element beyond a reasonable doubt, you must find the defendant guilty of the crime of recklessly causing widespread injury or damage. [CHARGE IF APPROPRIATE] This count of the indictment also alleges that [the risk of widespread injury or damage resulted from the reckless handling or storage of hazardous materials] and/or that [the handling or storage of hazardous materials violated any law, rule or regulation intended to protect the public health and safety].[2]If you find that the State has proven each of the elements I have previously described beyond a reasonable doubt, then you must determine whether it has also proven, beyond a reasonable doubt, that [the risk of widespread injury or damage resulted from the reckless handling or storage of hazardous materials] and/or that [the handling or storage of hazardous materials violated any law, rule or regulation intended to protect the public health and safety]. [1]SeeN.J.S.A.2C:2-2b(3). [2]Advise the jury of the law, rule or regulation charged in the indictment.

Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record b. You may go to Jail or Prison. c. You will have to pay Fines and Court Costs. 3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500