GRADATION OF THEFT OFFENSES 2C:20‑2b) model jury charge in NJ
GRADATION OF THEFT OFFENSES DEPENDENT ON THE AMOUNT
OF MONEY OR VALUE OF PROPERTY INVOLVED
(N.J.S.A. 2C:20‑2b)model jury charge
The State must prove the amount (or value) of the property beyond a reasonable doubt. If you find the defendant guilty of the offense, then you must indicate whether you find the amount of money (or value of the property) involved:
[Choose appropriate sections]
(1)is $75,000.00 or more;
(2)exceeds $500.00, but is less than $75,000.00;
(3)is at least $200.00, but does not exceed $500.00; or
(4)is less than $200.00.
[Charge where appropriate]
Value means the fair market value of the property at the time and place of the alleged theft.Fair market value is the price that a buyer would be willing to pay and a seller would be willing to accept if both parties were aware of all the relevant surrounding circumstances and neither party were under any compulsion to buy or sell.
The State has the burden of proving the fair market value of the property involved. This means that the State must prove beyond a reasonable doubt that the property is worth what the State claims.
[Charge where appropriate]
If you find that the amounts involved were taken in thefts committed pursuant to one scheme or course of conduct, the amounts may be added together to form a single total amount, whether stolen from one person or from several persons.
The foregoing charge is for use when grading is dependent on the amount of money or value of the property involved. UnderN.J.S.A. 2C:20-2b, other factors may also determine grading, as follows:
(1)Theft is a crime of the second degree if:
(Select appropriate section)
(a)The amount involved is $75,000.00 or more;
(b)The property is taken by extortion;
(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined inN.J.S.A. 2C:35‑2 and the quantity is in excess of one kilogram; or
(d)The property stolen is a persons benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the persons health care and the amount involved is $75,000.00 or more;
(e)The property stolen is human remains or any part thereof.
(2)Theft is a crime of the third degree if:
(Select appropriate section)
(a)The amount involved exceeds $500.00 but is less than $75,000.00;
(b)The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animalor airplane;
(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined inN.J.S.A. 2C:35‑2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;
(d)It is from the person of the victim;
(e)It is in breach of an obligation by a person in his capacity as afiduciary;
(f)It is by threat not amounting to extortion;
(g)It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
(h)The property stolen is a persons benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the persons health care and the amount involved is less than $75,000.00;
(i)The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, researchsubject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;
(j)The property stolen is a New Jersey Prescription Blank as referred to inR.S.45:14-14; or
(k)The property stolen consists of an access device or a defaced access device.
(3)Theft is a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed$500.00.
(4)If the amount is less than $200.00, the offense constitutes a disorderly persons offense.
| 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 record3. 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