Criminal Articles from www.NJLaws website: May 2016

Tuesday, May 31, 2016

Needle Exchange Prohibited. State v. Atlantic City 379 NJ Super. 515 (App. Div. 2005)

Needle Exchange Prohibited. State v. Atlantic
City 379 NJ Super. 515 (App. Div. 2005)

The Atlantic City ordinance establishing a needle
exchange program, under which municipal
officials are authorized to distribute sterile
hypodermic syringes to drug addicts for use in
injecting drugs, conflicts with and therefore is
pre-empted by the provisions of the Code of
Criminal Justice that prohibit persons from using
or assisting others in using controlled dangerous
substances.

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 record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. 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.
Finesand 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

Needle Exchange Prohibited. State v. Atlantic City 379 NJ Super. 515 (App. Div. 2005)

Needle Exchange Prohibited. State v. Atlantic City 379 NJ Super. 515 (App. Div. 2005)

The Atlantic City ordinance establishing a needle exchange program, under which municipal officials are authorized to distribute sterile hypodermic syringes to drug addicts for use in injecting drugs, conflicts with and therefore is pre-empted by the provisions of the Code of Criminal Justice that prohibit persons from using or assisting others in using controlled dangerous substances.

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 record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.

3. 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

Thursday, May 26, 2016

USE OF FORCE Attorney General's Use of Force Policy Revised June 2000

Preface

USE OF FORCE
Attorney General's Use of Force Policy
Issued April 1985 Revised June 2000

The provisions of this revised policy are a product of the collective efforts and judgment of the New Jersey Use of Force Advisory Committee. Throughout the deliberation process, each member of the committee worked conscientiously to reach a consensus in this area of critical importance to law enforcement officers and the citizens of this state. The New Jersey Use of Force Advisory Committee realized that the law alone could not achieve the goal of properly guiding the use of force by the police. The letter of the law needed to be supplemented with clear policy guidance designed to prepare officers to react appropriately when confronted with a use of force situation.
Policy
Sworn law enforcement officers have been granted the extraordinary authority to use force when necessary to accomplish lawful ends. That authority is grounded in the responsibility of every sworn law enforcement officer to comply with the laws of the State of New Jersey regarding the use of force and to comply with the provisions of this policy. Equally important is law enforcement’s obligation to prepare individual officers in the best way possible to exercise that authority.
In situations where law enforcement officers are justified in using force, the utmost restraint should be exercised. The use of force should never be considered routine. In determining to use force, the law enforcement officer shall be guided by the principle that the degree of force employed in any situation should be only that reasonably necessary. Law enforcement officers should exhaust all other reasonable means before resorting to the use of force. It is the policy of the State of New Jersey that law enforcement officers will use only that force which is objectively reasonable and necessary.
This policy reinforces the responsibility of law enforcement officers to take those steps possible to prevent or stop the illegal or inappropriate use of force by other officers. Every law enforcement officer is expected and required to take appropriate action in any situation where that officer is clearly convinced that another officer is using force in violation of state law. Law enforcement officers are obligated to report all situations in which force is used illegally by anyone. This policy sends a clear message to law enforcement officers that they share an obligation beyond the requirements of
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Attorney General's Use of Force Policy
the law. Officers are encouraged to do whatever they can to interrupt the flow of events before a fellow officer does something illegal and before any official action is necessary. Law enforcement officers can serve each other and the public by simply saying or doing the right thing to prevent a fellow officer from resorting to force illegally or inappropriately.
Deciding whether to utilize force when authorized in the conduct of official responsibilities is among the most critical decisions made by law enforcement officers. It is a decision which can be irrevocable. It is a decision which must be made quickly and under difficult, often unpredictable and unique circumstances. Sound judgment and the appropriate exercise of discretion will always be the foundation of police officer decisionmaking in the broad range of possible use of force situations. It is not possible to entirely replace judgment and discretion with detailed policy provisions. Nonetheless, this policy is intended to provide the best guidance and direction possible to police officers throughout this state when called upon to confront and address the most difficult of situations. Law enforcement officers whose actions are consistent with the law and the provisions of this policy will be strongly supported by the law enforcement community in any subsequent review of their conduct regarding the use of force.
Definitions

Constructive Authority
1. Constructive authority does not involve actual physical contact with the subject, but involves the use of the law enforcement officer’s authority to exert control over a subject.
2. Examples include verbal commands, gestures, warnings, and unholstering a weapon.
3. Pointing a firearm at a subject is an element of constructive authority to be used only in appropriate situations.
Physical Contact
1. Physical contact involves routine or procedural contact with a subject necessary to effectively accomplish a legitimate law enforcement objective.
2. Examples include guiding a subject into a police vehicle, holding the subject’s arm while transporting, handcuffing a subject and maneuvering or securing a subject for a frisk.
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Attorney General's Use of Force Policy

C. Physical Force

Physical force involves contact with a subject beyond that which is generally utilized to effect an arrest or other law enforcement objective. Physical force is employed when necessary to overcome a subject’s physical resistance to the exertion of the law enforcement officer’s authority, or to protect persons or property.
Examples include wrestling a resisting subject to the ground, using wrist locks or arm locks, striking with the hands or feet, or other similar methods of hand-to-hand confrontation.

Mechanical Force
1. Mechanical force involves the use of some device or substance, other than a firearm, to overcome a subject’s resistance to the exertion of the law enforcement officer’s authority.
2. Examples include the use of a baton or other object, canine physical contact with a subject, or chemical or natural agent spraying.
Deadly Force
1. Deadly force is force which a law enforcement officer uses with the purpose of causing, or which the officer knows to create a substantial risk of causing, death or serious bodily harm.
2. Purposely firing a firearm in the direction of another person or at a vehicle, building or structure in which another person is believed to be constitutes deadly force.
3. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the officer’s purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.
Reasonable Belief

1. Reasonable belief is an objective assessment based upon an evaluation of how a reasonable law enforcement officer with comparable training and experience would react to, or draw
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Attorney General's Use of Force Policy
inferences from, the facts and circumstances confronting and known by the law enforcement officer at the scene.

Imminent Danger
1. Imminent danger describes threatened actions or outcomes that may occur during an encounter absent action by the law enforcement officer. The period of time involved is dependent on the circumstances and facts evident in each situation and is not the same in all situations.
2. The threatened harm does not have to be instantaneous, for example, imminent danger may be present even if a subject is not at that instant pointing a weapon at the law enforcement officer, but is carrying a weapon and running for cover.
Substantial Risk
1. Any discharge of a firearm entails some risk of an unintended outcome. A substantial risk exists when a law enforcement officer disregards a foreseeable likelihood that innocent persons will be endangered.
2. For example, firing a weapon into a confined space (room, vehicle, etc.) occupied by innocent persons exposes those persons to a substantial risk of harm.
Law Enforcement Officer

1. Any person sworn to enforce the criminal laws of the State of New Jersey, who is certified by the Police Training Commission, or is currently employed by a public safety agency and is authorized to carry a firearm under N.J.S.A. 2C:39-6.
I. Authorization and Limitations A. Use of Force
1. A law enforcement officer may use physical force or mechanical force when the officer reasonably believes it is immediately necessary at the time:
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Attorney General's Use of Force Policy

to overcome resistance directed at the officer or others; or
to protect the officer, or a third party, from unlawful force; or
to protect property; or
to effect other lawful objectives, such as to make an arrest.

Use of Deadly Force
1. A law enforcement officer may use deadly force when the officer reasonably believes such action is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm.
2. A law enforcement officer may use deadly force to prevent the escape of a fleeing suspect
  1. whom the officer has probable cause to believe has committed an offense in which the suspect caused or attempted to cause death or serious bodily harm; and
  2. who will pose an imminent danger of death or serious bodily harm should the escape succeed; and
  3. when the use of deadly force presents no substantial risk of injury to innocent persons.
3. If feasible, a law enforcement officer should identify himself/herself and state his/her intention to shoot before using a firearm.
Restrictions On The Use of Deadly Force
1. A law enforcement officer is under no obligation to retreat or desist when resistance is encountered or threatened. However, a law enforcement officer shall not resort to the use of deadly force if the officer reasonably believes that an alternative to the use of deadly force will avert or eliminate an imminent danger of death or serious bodily harm, and achieve the law enforcement purpose at no increased risk to the officer or another person.
2. A law enforcement officer shall not use deadly force to subdue (6/00)

Attorney General's Use of Force Policy
persons whose actions are only destructive to property.

Deadly force shall not be used against persons whose conduct is injurious only to themselves.
Under current state statutes the discharge of any projectile from a firearm is considered to be deadly force, including less lethal means such as bean bag ammunition or rubber bullets. For that reason, these and similar less lethal means of deadly force can only be used when an officer reasonably believes such action is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm.
A law enforcement officer shall not discharge a weapon as a signal for help or as a warning shot.
While any discharge of a firearm entails some risk, discharging a firearm at or from a moving vehicle entails an even greater risk of death or serious injury to innocent persons. The safety of innocent people is jeopardized when a fleeing suspect is disabled and loses control of his or her vehicle. There is also a substantial risk of harm to occupants of the suspect vehicle who may not be involved, or involved to a lesser extent, in the actions which necessitated the use of deadly force.
a. Due to this greater risk, and considering that firearms are not generally effective in bringing moving vehicles to a rapid halt, officers shall not fire from a moving vehicle, or at the driver or occupant of a moving vehicle unless the officer reasonably believes:
1. (1) there exists an imminent danger of death or serious bodily harm to the officer or another person; and
2. (2) no other means are available at that time to avert or eliminate the danger.
b. A law enforcement officer shall not fire a weapon solely to disable moving vehicles.

D. Exhibiting a Firearm
1. A law enforcement officer shall not unholster or exhibit a firearm
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Attorney General's Use of Force Policy
except under any of the following circumstances:

For maintenance of the firearm;
T o secure the firearm;
During training exercises, practice or qualification with the firearm;
When circumstances create a reasonable belief that it may be necessary for the officer to use the firearm;
When circumstances create a reasonable belief that display of a firearm as an element of constructive authority helps establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure officer safety.

II. Training Requirements
A. Every law enforcement agency is required to conduct and document semi- annual training for all officers on the lawful and appropriate use of force and deadly force. This training must be designed to reflect current standards established by statutory and case law, as well as statewide, county and individual agency policy. It should include but not necessarily be limited to the use of force in general, the use of physical and mechanical force, the use of deadly force, and the limitations that govern the use of force and deadly force.
III. Use of Force Reports
A. In all instances when physical, mechanical or deadly force is used, each officer who has employed such force shall complete

Any reports made necessary by the nature of the underlying incident; and
Use of Force Report (Attachment A or agency required format)

IV. Notifications and Reporting

A. Immediate Notifications

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Attorney General's Use of Force Policy

County and municipal law enforcement agencies shall immediately notify the county prosecutor when the use of physical, mechanical or deadly force results in death or serious bodily injury, or when injury of any degree results from the use of a firearm by a law enforcement officer.
County prosecutor’s offices shall immediately notify the Division of Criminal Justice when a member of their agency uses physical, mechanical or deadly force which results in death or serious bodily injury, or when injury of any degree results from the use of a firearm by agency personnel.
State law enforcement agencies shall immediately notify the Division of Criminal Justice when the use of physical, mechanical or deadly force results in death or serious bodily injury, or when injury of any degree results from the use of a firearm by a law enforcement officer.

B. Reporting

County prosecutors shall within 24 hours report to the Division of Criminal Justice all situations where the use of deadly force by a law enforcement officer results in death or serious bodily injury, or in situations where any injury results from the use of a firearm by a law enforcement officer.
For all situations involving the use of physical, mechanical or deadly force, county and municipal law enforcement agencies shall report at least annually to the county prosecutor in a manner established by the prosecutor.
For all situations involving the use of physical, mechanical or deadly force, state law enforcement agencies shall report at least annually to the Division of Criminal Justice in a manner established by the Director of the Division of Criminal Justice.

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Attorney General's Use of Force Policy

Attachment A
Model Use of Force Report

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A. Incident Information
B. Officer Information

_____________________ POLICE DEPARTMENT USE OF FORCE REPORT

Date	Time	Day of Week	Location	INCIDENT NUMBER
Type of Incident 􏰀 Crime in progress 􏰀 Domestic 􏰀 Other dispute 􏰀 Suspicious person 􏰀 Traffic stop 􏰀 Other (specify)

Name (Last, First, Middle)		Badge #	Sex	Race	Age	Injured Y/N	Killed Y/N
Rank	Duty assignment	Years of service		On-Duty Y/N		Uniform Y/N

C1. Subject 1 (List only the person who was the subject of the use of force by the officer listed in Section B.)

Name (Last, First, Middle)		Sex	Race	Age	Weapon Y/N	Injured Y/N	Killed Y/N
􏰀 Under the influence 􏰀 Other unusual condition (specify)		Arrested Y/N		Charges
Subject's actions (check all that apply) 􏰀 Resisted police officer control 􏰀 Physical threat/attack on officer or another 􏰀 Threatened/attacked officer or another with blunt object 􏰀 Threatened/attacked officer or another with knife/cutting object 􏰀 Threatened/attacked officer or another with motor vehicle 􏰀 Threatened officer or another with firearm 􏰀 Fired at officer or another 􏰀 Other (specify)	Officer's use of force toward this subject (check all that apply) 􏰀 Compliance hold 􏰀 Hands/fists 􏰀 Kicks/feet 􏰀 Chemical/natural agent 􏰀 Strike/use baton or other object 􏰀 Canine 􏰀 Other (specify) Firearms Discharge 􏰀 Intentional 􏰀 Accidental Number of Shots Fired Number of Hits [Use 'UNK' if unknown]

C2. Subject 2 (List only the person who was the subject of the use of force by the officer listed in Section B.)

Name (Last, First, Middle)		Sex	Race	Age	Weapon Y/N	Injured Y/N	Killed Y/N
􏰀 Under the influence 􏰀 Other unusual condition (specify)		Arrested Y/N		Charges
Subject's actions (check all that apply) 􏰀 Resisted police officer control 􏰀 Physical threat/attack on officer or another 􏰀 Threatened/attacked officer or another with blunt object 􏰀 Threatened/attacked officer or another with knife/cutting object 􏰀 Threatened/attacked officer or another with motor vehicle 􏰀 Threatened officer or another with firearm 􏰀 Fired at officer or another 􏰀 Other (specify)	Officer's use of force toward this subject (check all that apply) 􏰀 Compliance hold 􏰀 Hands/fists 􏰀 Kicks/feet 􏰀 Chemical/natural agent 􏰀 Strike/use baton or other object 􏰀 Canine 􏰀 Other (specify) Firearms Discharge 􏰀 Intentional 􏰀 Accidental Number of Shots Fired Number of Hits [Use 'UNK' if unknown]

􏰁􏰁 If this officer used force against more than two subjects in this incident, attach additional USE OF FORCE REPORTS.

Signature:	Date:
Print Supervisor Name:	Supervisor Signature:

7/2001

Monday, May 9, 2016

N.J.S.A. 2C:17-6a) model jury charge

CERTAIN ALTERATIONS OF MOTOR VEHICLE TRADEMARKS, IDENTIFICATION NUMBERS, PROHIBITED(N.J.S.A.2C:17-6a)model jury charge

Count _________ of the indictment charges the defendant with altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark] in violation of a statute which provides as follows:

A person who removes, defaces, alters, changes, destroys, covers or obliterates any trademark, distinguishing or identification number, serial number or mark on or from any motor vehicle for an unlawful purpose, is guilty of a crime. . .

In order for the defendant to be found guilty of altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark], the State must prove the following elements beyond a reasonable doubt:

(1)that the defendant purposely [removed] [defaced] [altered] [changed] [destroyed] [covered] [obliterated] any [trademark] [distinguishing or identification number] [serial number or mark] on or from any motor vehicle; and

(2)that the defendant did so for an unlawful purpose.

The first element the State must prove beyond a reasonable doubt is that the defendant purposely [removed] [defaced] [altered] [changed] [destroyed] [covered] [obliterated] any [trademark] [distinguishing or identification number] [serial number or mark] on or from any motor vehicle.A motor vehicle includes motor bicycles, motorcycles, automobiles, trucks, tractors or other vehicles designed to be self-propelled by mechanical power, and otherwise than by muscular power, except motor vehicles running upon or guided by rails or tracks.^{^[1]}

A person acts purposelywith 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/sheis aware of the existence of such circumstances or believes or hopes that they exist.With purpose, designed, with design, or equivalent terms have the same meaning.

Purpose is a condition of the mind that cannot be seen and can only be determined by inferences drawn from the defendants conduct, words or acts.It is not necessary for the State to prove the existence of such a mental state by direct evidence such as a statement by the defendant thathe/shehad a particular purpose.It is within the power of the jury to find that the proof of purposehas been furnished beyond a reasonable doubt by inferences which you may draw from the nature of the acts and circumstances surrounding the conduct of the defendant as they have been presented in the evidence you have heard and seen in this case.

The second element the State must prove beyond a reasonable doubt is that the defendant did so for an unlawful purpose.I have already defined purpose for you.In this case, the State contends that the defendants unlawful purpose in [removing] [defacing] [altering] [changing] [destroying] [covering] [obliterating] the [trademark] [distinguishing or identification number] [serial number or mark] on or from the motor vehicle was _____________________________________________.

[Defendant, onthe other hand, contends thathis/herpurpose in performing the act(s) with whichhe/sheis charged was ___________________________________________________.]

If the State has failed to prove any of the elements beyond a reasonable doubt, you must find the defendant not guilty of altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark].If the State has proven every element beyond a reasonable doubt, you must find the defendant guilty of the crime of altering a motor vehicle [trademark] [distinguishing or identification number] [serial number or mark].

^{^[1]}N.J.S.A.2C:17-6c.

a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.

N.J.S.A. 2C:17-3a(1) model jury charge CRIMINAL MISCHIEF

CRIMINAL MISCHIEF - PURPOSEFUL OR KNOWING

DAMAGE TO TANGIBLE PROPERTY

N.J.S.A.2C:17-3a(1)model jury charge

Countof the indictment charges defendant with committing the offense of criminal mischief.In pertinent part, the indictment alleges that:

(Read material part of Countto jury)

Defendant is charged with violating a provision of our law that provides that a person is guilty of criminal mischief ifhe/shepurposely or knowingly damages the tangible property of another person.In order to convict defendant of this offense you must find that the state has proved beyond a reasonable doubt each of the following three elements:

1.That defendant damaged tangible property;

2.That the tangible property damaged belonged to another person; and

3.That defendant acted purposely or knowingly whenhe/shedamaged the property.

The first element that the State must prove beyond a reasonable doubt is that defendant damaged tangible property.To damage means to cause a loss, injury or deterioration that reduces the value or usefulness of something.[1]Tangible property means real or personal property that is visible and corporeal,i.e., something that can be seen and touched.[2]

The second element that the State must prove beyond a reasonable doubt is that the damaged property belonged to another person.Property of another person means that defendant is not the owner of the property damaged.[3]In this case, the State alleges that the tangible property damaged was(description)of(name).

The third element that the State must prove beyond a reasonable doubt is that defendant acted purposely or knowingly whenhe/shedamaged the property.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 defendant acts purposely with respect to attendant circumstances ifhe/sheis aware of the existence of such circumstances or believes or hopes that they exist.[4]In other words, for you to find that defendant acted purposely, you must be satisfied that the State has proved beyond a reasonable doubt that it was defendants purpose or conscious object to damage another persons tangible property.

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, orhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to a result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result.[5]Thus, for you to find that defendant acted knowingly, you must be satisfied that the State has proved beyond a reasonable doubt that defendant knew whathe/shewas doing and that defendant was aware that the nature ofhis/herconduct and the attendant circumstances were such as to make it practically certain that defendants conduct would cause damage to anothers tangible property.

You should understand that purpose and knowledge are conditions of the mind.They cannot be seen.They can only be determined by inferences from conduct, words or acts.Therefore, it is not necessary for the State to produce witnesses to testify that defendant stated, for example, thathe/sheacted with purpose or knowledge whenhe/shedid a particular thing.It is within your power to find that proof of purpose or knowledge has been furnished beyond a reasonable doubt by inference which may arise from the nature of the acts and the surrounding circumstances.The place where the acts occurred and all that was done or said by defendant preceding, connected with, and immediately succeeding the events in question are among the circumstances to be considered.

If you find that the State has not proved beyond a reasonable doubt every element of the offense, you must find defendant not guilty.But if you determine that the State has proved every element of criminal mischief beyond a reasonable doubt, you must find defendant guilty of that offense.

[GRADING]

If you find defendant guilty of criminal mischief, you must then go on to determine the extent of the pecuniary loss that defendant caused.[6]Pecuniary loss means a financial or monetary loss suffered by the owner of the damaged property.[7]The extent of the pecuniary loss caused by defendant must be proved by the State beyond a reasonable doubt.[8]If you find defendant guilty, you must indicate in your verdict whether you find the extent of the pecuniary loss suffered by the owner:

1.amounts to $2,000 or more,

2.amounts to more than $500 but less than $2,000, or

3.amounts to $500 or less.

[1]SeeRandom House Dictionary of the English Language(2d ed., unabridged).

[2]SeeRegistrar & Transfer Co. v. Dir. Div. of Taxation,157N.J.Super. 532, 539 (Ch. 1978),revdo.g. 166N.J.Super. 75 (App. Div. 1979),certif. den.81N.J.63 (1979).Tangible property does not include intangibles such as contract rights or choses in action.Miller, 33N.J. Practice, Criminal Law, 13.6 at 332 (2001 ed.).

[3]Where appropriate, charge that property of another includes property partly owned by defendant in which any other person has an interest which defendant is not privileged to infringe.SeeN.J.S.A.2C:20-1h.

[4]SeeN.J.S.A.2C:2-2b(1).

[5]SeeN.J.S.A.2C:2-2b(2).

[6]There is also a form of criminal mischief that is not dependent on the amount of pecuniary loss suffered by the victim.This involves criminal mischief that causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, power, or other public service and constitutes a third degree offense.SeeN.J.S.A.2C:17-3b(1).When applicable, the jury should be instructed on this aspect of the statute instead of or in addition to the pecuniary loss issue.In such an instruction, the jury must be charged that a substantial interruption or impairment, etc., must be proved beyond a reasonable doubt by the State.

[7]In determining the extent of pecuniary loss, cost of repairs or other methods of proving damages in civil cases can be used.Cf.,State v. Burks, 188N.J.Super., 55, 60-61 (App. Div. 1983),certif. den., 93N.J.285 (1983).For proving the value of a damaged item, the standard is fair market value at the time of the offense.SeeN.J.S.A.2C:1-14m.

[8]If the jury has a reasonable doubt regarding the amount of pecuniary loss incurred or cannot reach a unanimous verdict on that issue, a conviction for criminal mischief as a disorderly persons offense should be entered.Cf.,State v. Clarke, 198N.J.Super. 219, 226 (App. Div. 1985).

a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.

Criminal Articles from www.NJLaws website

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N.J.S.A. 2C:17-6a) model jury charge

N.J.S.A. 2C:17-3a(1) model jury charge CRIMINAL MISCHIEF

CRIMINAL MISCHIEF - PURPOSEFUL OR KNOWING

DAMAGE TO TANGIBLE PROPERTY

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