GAS PIPES OR MAINS, ETC. 2C:17-3b(8) model jury charge in NJ

GAS PIPES OR MAINS, ETC. 2C:17-3b(8) model jury charge in NJ

CRIMINAL MISCHIEF BREAKING OR DIGGING UP GAS PIPES OR MAINS, ETC. N.J.S.A. 2C:17-3b(8)model jury charge Count ____ of the indictment charges defendant with committing the offense of criminal mischief by (insert allegation of the indictment).In pertinent part, the indictment alleges that (Read material part of Count ____ to jury) Defendant is charged with violating a provision of our law that provides that a person is guilty of criminal mischief ifhe/shepurposely or knowingly breaks, digs up, obstructs or otherwise tampers with any pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenancesor appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cables or appurtenances. In order to convict defendant of this offense, you must find that the State has proved beyond a reasonable doubt each of the following three elements: 1.That(name/description of damaged property)is: [CHARGE AS APPROPRIATE] a.a pipe or main for conducting gas, oil or water; b.works erected for supplying gas, oil or water to any building or anyappurtenance or appendage therewith connected; c.electric light wires, poles or appurtenances; or d.telephone, telecommunications, cable television or telegraph wires,lines, cables or appurtenances. 2.That defendant: [CHARGE AS APPROPRIATE] a.broke/dug up/obstructed/or otherwise tampered with: i.a pipe or main for conducting gas, oil or water, or ii.works erected for supplying buildings with gas, oil or water [or any appurtenance or appendage therewith connected]. OR b.injured/cut/broke down/destroyed/or otherwise tampered with: i.an electric light wire/pole/appurtenance, or ii.a telephone/telecommunication/cable television/telegraph wire/line/cable/appurtenance. 3.That defendant acted purposely or knowingly. The first element that the State must prove beyond a reasonable doubt is that(name/description of property damaged)is a[pipe or main for conducting gas, oil or water] [works erected for supplying buildings with gas, oil or water or any appurtenance or appendage therewith connected] ORis[an electric light wire/ pole/appurtenance] [a telephone/telecommunication/cable television/telegraph wire/ line/cable/appurtenance].The term appurtenance means something that belongs or is annexed to a more substantial structure (e.g., a porch attached to a house).[1]The term appendage means an accessory or subordinate part of something else (e.g., the arm on a body).[2] The second element that the State must prove beyond a reasonable doubt is that defendant[CHARGE AS APPROPRIATE]: a.broke/dug up/obstructed/otherwise tampered with(insert name/descriptionof property damaged). OR b.injured/cut/broke down/destroyed/otherwise tampered with(insert name/ description of property damaged). The third element that the State must prove beyond a reasonable doubt is that defendant acted purposely or knowingly when he engaged in such conduct.A defendant acts purposely with respect to the nature ofhis/herconduct or a result thereof if it ishis/herconscious object to engage in conduct of that nature or to cause such a result.A defendant acts purposely with respect to attendant circumstances ifhe/sheis aware of the existence of such circumstances or believes or hopes that they exist.[3]In other words, for you to find that defendant acted purposely, you must be satisfied beyond a reasonable doubt that defendants purpose or conscious object was to: [CHARGE AS APPROPRIATE] (1)break/dig up/obstruct/otherwise tamper with: a.a pipe or main for conducting gas/oil/water or b.works erected for supplying buildings with gas/oil/water or anyappurtenance/appendage therewith connected. OR (2)injure/cut/break down/destroy/otherwise tamper with: a.an electric light wire/pole/appurtenance or b.a telephone/telecommunications/cable television/telegraph wire/ line/ cable appurtenance, whenhe/sheengaged in the conduct alleged. A defendant acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A defendant acts knowingly with respect to a result ofhis/herconduct if defendant is aware that it is practically certain thathis/herconduct will cause such a result.[4]In other words, for you to find that defendant acted knowingly, you must be satisfied beyond a reasonable doubt that defendant knew whathe/shewas doing, and that defendant was aware that the nature ofhis/herconduct and the attendant circumstances were such as to make it practically certain thathis/herconduct would: [CHARGE AS APPROPRIATE] (1)break/dig up/obstruct/otherwise tamper with: a.a pipe or main for conducting gas/oil/water or b.works erected for supplying buildings with gas/oil/water or any appurtenance/appendage therewith connected. OR (2)injure/cut/break down/destroy/otherwise tamper with a.an electric light wire/pole/appurtenance or b.a telephone/telecommunications/cable television/telegraph wire/line/ cable appurtenance, whenhe/sheengaged in the conduct alleged. You should understand that purpose or knowledge is a condition of the mind.It cannot be seen.It can only be determined by inferences from conduct, words or acts.Therefore, it is not necessary for the State to produce witnesses to testify that defendant stated, for example, thathe/sheacted with purpose or knowledge whenhe/shedid a particular thing.It is within your power to find that proof of purpose or knowledge has been furnished beyond a reasonable doubt by inference which may arise from the nature of the acts and the surrounding circumstances.The place where the acts occurred and all that was done or said by defendant preceding, connected with, and immediately succeeding the events in question are among the circumstances to be considered. If you find that the State has failed to prove beyond a reasonable doubt any element of the offense, you must find defendant not guilty.On the other hand, if you find that the State has proven beyond a reasonable doubt every element of criminal mischief, you must find defendant guilty of that offense. [1]SeeBlacks Law Dictionary(rev. 4thed.). [2]SeeBlacks Law Dictionary(rev. 4thed.). [3]SeeN.J.S.A. 2C:2-2b(1). [4]SeeN.J.S.A. 2C:2-2b(2).

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