Injure service dog 2C:29‑3.2 model jury charge in NJ
INJURING A SERVICE ANIMAL OR GUIDE DOG
N.J.S.A.2C:29‑3.2model jury charge
If you find the defendant not guilty of killing a service animal or guide dog, you must consider the lesser‑included offense of injuring a service animal or guide dog.The law requires that the Court instruct the jury with respect to possible (lesser) included offenses, even if they are not contained in the indictment.Just because the Court is instructing you concerning these offenses does not mean that the Court has any opinion one way or another about whether the defendant committed these, or any, offenses.You should consider these offenses along with those for which the defendant is indicted.However, you are not to render a verdict on these offenses or answer the questions on the verdict sheet unless you find that the State has failed to meet its burden with regard to the offense(s) in the indictment.
Injuring a service animal or guide dogisa lesser-included offense to count ______ of this indictment.
The applicable statute provides, in pertinent part, that:
(a)ny person who recklessly injures a service animal or guide dog, or recklessly permits a dog that the person owns or over which the person has immediate control, to injure a service animal or guide dog
commits an offense.
In order for you to find the defendant guilty, the State must prove the following elements beyond a reasonable doubt:
1.that the animal was a service animal or guide dog;
2.that the defendant[CHOOSE APPLICABLE ALTERNATIVE]injured theanimalORpermitted a doghe/sheowned or over whichhe/shehad immediatecontrol to injure the animal; and
3.that the defendant acted recklessly.
The first element that the State must prove beyond a reasonable doubt is that the animal was a service animal or guide dog.
Service animalmeans any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.Other species of animals, whether wild or domestic, trained or untrained, are not service animals.The work or tasks performed by a service animal must be directly related to the individuals disability.Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non‑violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.The crime deterrent effects of an animals presence and the provision of emotional support, well‑being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Guide dogmeans a dog which has been or is being raised or trained to provide assistance to a blind or deaf person, including but not limited to a dog that has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training.
The second element that the State must prove beyond a reasonable doubt is that the defendant[CHOOSE APPLICABLE ALTERNATIVE]injured the animalORpermitted a doghe/sheowned or over whichhe/shehad immediate control to injure the animal.
The third element that the State must prove beyond a reasonable doubt is that the defendant acted recklessly.
A person acts recklessly with respect to the result ofhis/herconduct ifhe/sheconsciously disregards a substantial and unjustifiable risk that the result will occur fromhis/herconduct.The risk must be of such a nature and degree that, considering the nature and purpose of the actors conduct and the circumstances known to the actor, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actors situation.One is said to act recklessly if one acts with recklessness, with scorn for the consequences, heedlessly, fool‑hardily.
In other words, you must find that the defendant was aware of and consciously disregarded the risk of causing injury to a service animal or guide dog.If you find that the defendant was aware of and disregarded the risk of causing injury to a service animal or guide dog, you must determine whether the risk thathe/shedisregarded was substantial and unjustifiable.In doing so, you must consider the nature and purpose of the defendants conduct, and the circumstances known to the defendant, and you must determine whether, in light of those factors, the defendants disregard of that risk was a gross deviation from the conduct a reasonable person would have observed in the defendants situation.
If you find that the State has proven every element of this offense beyond a reasonable doubt, then you must find the defendant guilty.If, however, you find that the State has failed to prove any element of this offense beyond a reasonable doubt, then you must find the defendant not guilty.
This charge is intended for use in those situations in which this disorderly persons offense is a lesser‑included offense of a crime charged in the indictment.
N.J.S.A.2C:29‑3.2e defines service animal with the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42U.S.C. 12101et seq., and any regulations under the act.See also28C.F.R. 36.104 (2013).
| 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