INTOXICATION NEGATING AN ELEMENT model jury charge 2C:2‑8a in NJ
INTOXICATION NEGATING AN ELEMENT OF THE OFFENSE model jury charge
There is evidence in this case concerning the use by the defendant of (intoxicant ) (prior to and) on the day in question.
Generally a defendant is not relieved of criminal responsibility because he/she is found to have acted under the influence of an intoxicating beverage (or drugs). The general assumption is that every person is normal and is possessed of ordinary faculties. The State need not prove that the defendant was sober.
You may consider the evidence as to defendants consumption of alcoholic beverages (or drugs, if appropriate) in determining whether he/she was intoxicated to such a degree that he/she was incapable of acting (purposely or knowingly).
Therefore, once there is some evidence of defendants intoxication, the State must prove beyond a reasonable doubt that such intoxication did not render defendant incapable of acting (purposely or knowingly).
Intoxication under our law means a disturbance of mental or physical capacities resulting from the introduction of substances into the body. [N.J.S.A. 2C:2‑8e(1)].
In considering the question of intoxication, you should carefully distinguish between the condition of mind which is merely excited by intoxicating-drink (or drugs) and yet capable of acting with (purpose or knowledge), and the condition in which ones mental faculties are so prostrated as to deprive one of (his/her) will to act and ability to reason, thereby rendering a person incapable of acting and thus preventing the person from committing the crime charged with the mental state required of either (purposely or knowingly).
This distinction is important because, as explained, whether or not the defense of intoxication applies is a factual determination to be made by you.
You may also consider, along with all the other evidence, the degree of intoxication in determining whether or not the defendant was capable of acting with (purpose or knowledge) to commit the crime charged.
You will recall that I explained to you the elements of (crime), one of those elements was that defendant had to act with (purpose or knowledge).
(DEFINE PURPOSELY OR KNOWINGLY)
If after considering all the evidence you have a reasonable doubt whether defendants intoxication was such as to render (him/her) incapable of acting (purposely or knowingly), then you must acquit (him/her) of (crime).
If, however, the State has proven to you beyond a reasonable doubt that the defense does not apply, and that the State has proven all of the elements of (crime) previously defined for you beyond a reasonable doubt, then you must find the defendant guilty.
 NOTE: Self‑induced intoxication can only reduce murder to aggravated manslaughter or manslaughter. See N.J.S.A. 2C:11‑4b(1), State v. Stasio, 78 N.J. 467 (1979), and State v. Maik, 60 N.J. 203, 215 (1972).
| 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