Kenneth Vercammen's Law office represents
individuals charged with criminal and serious traffic violations throughout New
Jersey.
If someone is charged with Criminal terroristic
threats, the judge will read to the jurors the following Jury Instructions of
the Law:
TERRORISTIC THREATS
(N.J.S.A. 2C:12-3(a)
The indictment charges the defendant with
committing terroristicthreats. The pertinent part of our statute is as follows:
(CHOOSE APPLICABLE ALTERNATIVE)
(1) "A person is guilty of a crime if he
threatens to commit any crime of violence with the purpose to terrorize another
or in reckless disregard of the risk of causing such terror."
(2) "A person commits a crime if he threatens
to commit a crime of violence with the purpose to cause evacuation of a
building, place of assembly or facility of public transportation or otherwise
to cause serious public inconvenience or in reckless disregard of the risk of
causing such evacuation or inconvenience.
The prosecution must prove the following elements
beyond a reasonable doubt:
1. The defendant made a threat, or threatened to
commit a crime of violence against (the victims name).
(CHOOSE APPLICABLE ALTERNATIVE)
2. That the threat to commit a crime of violence
was with the purpose to terrorize another or in reckless disregard of the risk
of causing such terror or
3. That the threat to commit a crime of violence
was to cause evacuation of a building, place or assembly or facility of public
transportation or otherwise to cause serious public inconvenience or in
reckless disregard of the risk of causing such evacuation or inconvenience.
4. A person acts purposely with respect to the
nature of (his/her) conduct or a result thereof if it is (his/her) conscious
object to engage in conduct of that nature or to cause such a result.
A person acts purposely with respect to the
attendant circumstance if the person is aware of the existence of such
circumstances or the person believes or hopes that they exist. "With
purpose," "design," "with design," or equivalent terms
have the same meaning. A person acts recklessly with respect to the nature of
(his/her) conduct when the person consciously disregards a substantial and
unjustifiable risk that the material element exists or will result from
(his/her) conduct. 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. In
other words, in order for you to find the defendant acted recklessly, the State
must first prove beyond a reasonable doubt that the defendant was aware of this
substantial and unjustifiable risk. In addition, the State must prove that the
defendant consciously disregarded this risk. For you to conclude that the
defendant acted recklessly, you must find that this disregard was a gross
deviation from the way a reasonable person would have conducted (himself/herself)
in the situation. The gist of the offense is that the words or actions used by
the defendant are of such a nature to convey the menace or fear of a crime of
violence to the ordinary hearer or individual. The crime of violence is that
the words or actions used by the defendant are of such a nature to convey the
menace or fear of a crime of violence to the ordinary hearer or individual.
The crime of violence that is alleged by the
prosecution that the defendant threatened is (set forth and define appropriate
crime of violence alleged).
It is not necessary that the victim was terrorized
(or that there was actually an evacuation of a building, place of assembly or
facility of public transportation.) It is not a violation of this statute if
the threat expresses only a fleeting anger or that the threat was merely with
the intent to alarm. If the State has failed to prove beyond a reasonable doubt
any one of the elements that have been described to you, you must find the
defendant not guilty. If the State has proven all the elements beyond a
reasonable doubt, then you should find the defendant guilty.
2C:12-3. Terroristic threats a. A person is guilty
of a crime of the third degree if he threatens to commit any crime of violence
with purpose to terrorize another or to cause evacuation of a building, place
of assembly, or facility of public transportation, or otherwise to cause
serious public inconvenience, or in reckless disregard of the risk of causing
such terror or inconvenience.
b. A person is guilty of a crime of the third
degree if he threatens to kill another with purpose to put him in imminent fear
of death under circumstances reasonably causing the victim to believe the
immediacy of the threat and the likelihood that it will be carried out.
L.1978, c. 95, s. 2C:12-3, eff. Sept. 1, 1979;
L.1981, c. 290, s. 15, eff. Sept. 24, 1981.
2C:12-10. Definitions; stalking designated a crime;
degrees 1. a. As used in this act:
(1)"Course of conduct" means repeatedly
maintaining a visual or physical proximity to a person or repeatedly conveying,
or causing to be conveyed, verbal or written threats or threats conveyed by any
other means of communication or threats implied by conduct or a combination
thereof directed at or toward a person.
(2)"Repeatedly" means on two or more
occasions.
(3)"Immediate family" means a spouse,
parent, child, sibling or any other person who regularly resides in the
household or who within the prior six months regularly resided in the
household.
b.A person is guilty of stalking, a crime of the
fourth degree, if he purposefully or knowingly engages in a course of conduct
directed at a specific person that would cause a reasonable person to fear
bodily injury to himself or a member of his immediate family or to fear the
death of himself or a member of his immediate family.
c.A person is guilty of a crime of the third degree
if he commits the crime of stalking in violation of an existing court order
prohibiting the behavior.
d.A person who commits a second or subsequent
offense of stalking against the same victim is guilty of a crime of the third
degree.
e.A person is guilty of a crime of the third degree
if he commits the crime of stalking while serving a term of imprisonment or
while on parole or probation as the result of a conviction for any indictable
offense under the laws of this State, any other state or the United States.
f.This act shall not apply to conduct which occurs
during organized group picketing.
L.1992,c.209,s.1; amended 1996, c.39, s.1; 1998, c.
17, s.3; 1999, c.47, s.1; 2001, c.220, s.2.
2C:12-10.1. Conviction for stalking, permanent
restraining order
3. a. A judgment of conviction for stalking shall
operate as an application for a permanent restraining order limiting the
contact of the defendant and the victim who was stalked.
b. A hearing shall be held on the application for a
permanent restraining order at the time of the verdict or plea of guilty unless
the victim requests otherwise. This hearing shall be in Superior Court. A
permanent restraining order may grant the following specific relief:
(1) An order restraining the defendant from
entering the residence, property, school, or place of employment of the victim
and requiring the defendant to stay away from any specified place that is named
in the order and is frequented regularly by the victim.
(2) An order restraining the defendant from making
contact with the victim, including an order forbidding the defendant from
personally or through an agent initiating any communication likely to cause annoyance
or alarm including, but not limited to, personal, written, or telephone contact
with the victim, the victims employers, employees, or fellow workers, or others
with whom communication would be likely to cause annoyance or alarm to the
victim.
c. The permanent restraining order entered by the
court subsequent to a conviction for stalking as provided in this act may be
dissolved upon the application of the stalking victim to the court which
granted the order.
d. Notice of permanent restraining orders issued
pursuant to this act shall be sent by the clerk of the court or other person
designated by the court to the appropriate chiefs of police, members of the
State Police and any other appropriate law enforcement agency or court.
e. Any permanent restraining order issued pursuant
to this act shall be in effect throughout the State, and shall be enforced by
all law enforcement officers.
f. A violation by the defendant of an order issued
pursuant to this act shall constitute an offense under subsection a. of
N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be
enforced in a civil or criminal action initiated by the stalking victim or by
the court, on its own motion, pursuant to applicable court rules. Nothing in
this act shall preclude the filing of a criminal complaint for stalking based
on the same act which is the basis for the violation of the permanent
restraining order.
L.1996,c.39,s.3.
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 - 2years. 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
