INJURING police dog 2C:29-3.1(b) model jury charge in NJ
INJURING AN ANIMAL USED BY ALAW ENFORCEMENT AGENCY OR A SEARCH AND RESCUE DOGN.J.S.A.2C:29-3.1(b)model jury charge
Count
_____ of this indictment charges the defendant with the crime of
injuring an animal who is owned or used by a law enforcement agency or
an animal who is a search and rescue dog.
(READ INDICTMENT)
The applicable statute provides, in pertinent part, that:
Any
person who purposely maims or otherwise inflicts harm upon a dog, horse
or other animal owned or used by a law enforcement agency or a search
and rescue dog . . .
is guilty of a crime.
In order for you to find the defendant guilty, the State must prove the following elements beyond a reasonable doubt:
1.that the defendant purposely maimed or otherwise inflicted harm upon a dog, horse or other animal;
2.that the dog, horse or other animal was (CHOOSE AS APPROPRIATE) owned or used by a law enforcement agencyORa search and rescue dog; and
3.that
the defendant knew that the dog, horse or other animal was owned or
used by a law enforcement agency or was a search and rescue dog.
The
first element that the State must prove beyond a reasonable doubt is
that the defendant purposely maimed or otherwise inflicted harm upon a
dog, horse or other animal.
A person 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
person acts purposely with respect to attendant circumstances ifhe/shebelieves or hopes that they exist.A person acts purposely ifhe/sheacts with design, with a specific intent, with a particular object or purpose, ifhe/shemeans to do whathe/shedoes.
Purpose
is a condition of the mind that cannot be seen and that can be
determined only by inferences from conduct, words or acts.A state of
mind is rarely susceptible of direct proof but must ordinarily be
inferred from the facts.Therefore, it is not necessary that the State
produce witnesses to testify that a defendant said thathe/shehad a certain state of mind whenhe/sheengaged
in a particular act.It is within your power to find that such proof has
been furnished beyond a reasonable doubt by inference, which may arise
from the nature of defendants acts and conduct, from all thathe/shesaid and did at the particular time and place, and from all surrounding circumstances.
The second element that the State must prove beyond a reasonable doubt is that the dog, horse or other animal was (CHOOSE AS APPROPRIATE) owned or used by a law enforcement agencyORa search and rescue dog. (CHOOSE AS APPROPRIATE)A
law enforcement agency is a department, division, bureau, commission,
board or other authority of the State or of any political subdivision
thereof which employs law enforcement officers.[1]A
law enforcement officer is a person whose public duties include the
power to act as an officer for the detection, apprehension, arrest and
conviction of offenders against the laws of this State.[2]The
term search and rescue dog means any dog trained or being trained for
the purpose of search and rescue that is owned by an independent handler
or member of a search and rescue team, and used in conjunction with
local law enforcement or emergency services organizations for the
purpose of locating missing persons or evidence of arson.[3]
The
third element that the State must prove beyond a reasonable doubt is
that the defendant knew that the dog, horse or other animal that was
maimed or otherwise harmed was (CHOOSE AS APPROPRIATE) owned or used by a law enforcement agency (OR) a search and rescue dog.
A person 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 or ifhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to the result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result.Knowing, with knowledge, or equivalent terms have the same meaning.
Like
purpose, knowledge is a condition of the mind that cannot be seen and
that can be determined only by inferences from conduct, words or acts.A
state of mind is rarely susceptible of direct proof but must ordinarily
be inferred from the facts.Therefore, it is not necessary that the State
produce witnesses to testify that a defendant said thathe/shehad a certain state of mind whenhe/sheengaged
in a particular act.It is within your power to find that such proof has
been furnished beyond a reasonable doubt by inference, which may arise
from the nature of defendants acts and conduct, from all thathe/shesaid and did at the particular time and place, and from all surrounding circumstances.
If
you find that the State has proven each 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.
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| 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 |
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