LIMITATION ON FORCE by police model jury charge 2C:3-7b in NJ
LIMITATIONS ON USE OF FORCE IN LAW ENFORCEMENTmodel jury charge (N.J.S.A. 2C:3-7b)
There are, however, limitations on the use of force a person may use in effecting a lawful arrest. The use of force is not justified unless:
(1) The defendant makes known the purpose of the arrest or the defendant reasonably believes that the purpose of the arrest is otherwise known by the person arrested or cannot reasonably be made known to (him/her), and
(2) When the arrest is made under a warrant, the warrant is valid or the defendant reasonably believes it to be valid.
Accordingly, before you can find the defendant not guilty of the offense charged by reason of this defense, you must find that the defendant complied with at least one of these requirements.
In addition, there are limitations on the amount or degree of force a person may use in effecting an arrest. Deadly force is defined as force which the actor uses with the purpose of causing, or which he knows to create a substantial risk of causing, death or serious bodily harm. Serious bodily harm means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault. The use of deadly force is not justifiable unless:
(1) The actor effecting the arrest is authorized to act as a peace officer or has been summoned by and is assisting a person whom he reasonably believes to be authorized to act as a peace officer, and
(2) The actor reasonably believes that the force employed creates no substantial risk of injury to innocent persons, and
(3) The actor reasonably believes that the crime for which the arrest was made was homicide, kidnapping, sexual assault, criminal sexual contact, arson, robbery, burglary of a dwelling, or an attempt to commit one of these crimes, and
(4) The actor reasonably believes:
(a) There is an imminent threat of deadly force to himself or to a third party, or
(b) The use of deadly force is necessary to thwart the commission of a crime listed above, or
(c) The use of deadly force is necessary to prevent an escape.
Therefore, if you find that the force used by the defendant was deadly force, before you can find the defendant not guilty, you must further find that all of the aforementioned requirements have been satisfied. If you find that deadly force was used and that the defendant was not authorized to act as a peace officer or someone summoned by and assisting a person whom he/she reasonably believes to be acting as a peace officer, the use of deadly force is not justified and you cannot find the defendant not guilty by reason of this defense.
| 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