Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Wednesday, September 27, 2017

Attorneys Permitted as Executor

Attorneys Permitted as Executor



Attorneys Permitted as Executor
Many people wishing to have a new Will prepared are uncertain as to who to select as Executor. The Rules of Professional Conduct permit an attorney to serve as Executor of an estate if you have no family member able to serve. The following are 5 reasons why people have selected attorneys as Executors:
1. Attorneys who are not family members are not influenced by past family concerns or squabbles. Attorneys often have the staff and resources to liquidate assets, do paperwork, pay creditors and distribute assets to beneficiaries.
2. There may be no family members in New Jersey to go to Surrogate's office and qualify as Executor.
3. Family members not able to open and balance check-book and financial records due to age or inexperience.
4. No one in family wants to be executor.
5. Children fight amongst each other - Attorneys are independent.
    The last thing you want is your heirs arguing over their inheritances after you are gone. So, to avoid hard feelings and even legal disputes, here are few helpful tips to consider:
    Make a valid Will. A Will is a legal record to tell your loved ones how you want your property divided. Leaving a valid Will is the best way to be clear about your desires and wishes. Without a Will, the state in which you live Will distribute your assets for you according to law.
    Don't leave verbal instructions to your heirs. Oral instructions don't have any legal effect. For example, don't leave your business in your Will to the oldest child, but then verbally ask that child to share the proceeds with your other children after your death. Your oldest child doesn't have any legal obligations to do so, and you could - unintentionally - create hard feelings among your children.
    Keep your Will updated. Your Will needs to be updated as major changes take place in your life such as marriage, divorce, birth of a grandchild, buying new property or selling existing property. An outdated Will can be just as damaging to your family as no Will at all. When planning the distribution of your estate, it is best to consult your legal advisor to make sure your wishes are carried out.

         What to do if you select your attorney as Executor

         Fill out Letters of Instruction Executor Regarding Funeral Arrangements, Business Transfer and Post-Death Procedures. For your confidential information, put in a sealed envelope, write on the outside “Do not open unless in hospital or deceased.” Give to your attorney and the other executor.
          How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, Business Transfer and Post-Death Procedures

Compiled by Kenneth A. Vercammen, Esq. from various sources

We highly recommend all adults have a current Will, a Power of Attorney and a Living Will. In addition, individuals are encouraged to plan ahead and write messages to their family and executor detailing their specific desires regarding funeral and burial. Written instructions to your family and executor containing information and guidance will minimize uncertainty, confusion, and possible oversights following your death.  The information you furnish should ease the settlement of your estate and provide for an orderly winding-up of your affairs.  You need to share what you know with those who ( often suddenly and without warning) must step into your shoes and carry out your final needs. More info at http://www.njlaws.com/letters_of_instruction.htm
What Should Your Letters of Instructions Cover ?

Letter to Your Family & Executor
Typically, this letter would be written to the person who is your executor.  You may also want to address the letter to your children, particularly if they are the primary beneficiaries of your estate or they will be called upon to assist your spouse directly in the settlement of your estate and business affairs.  The letter of instruction is prepared by you and is meant to provide assistance and guidance to your family regarding items not covered in your will.   This letter will not change your Will.  If you wish changes in your Will, speak to your attorney.   Some possible points to cover in the family letter are :

1.   Funeral and burial arrangements: Where, by whom, what kind, and at what cost? Many adults now go to their local funeral home and pre-select arrangements. Some even prepay.
2.   Anatomical gifts: Identify the nature and location of any anatomical gift declarations you have made.
3.   Memorials and contributions: Identify what organizations or institutions might be appropriate recipients of memorials or charitable donations made in your memory.
4.   Preparation of obituary: Should your obituary be prepared in advance and be updated periodically? To which newspaper should it be sent?
5.   Notifications of friends, relatives, business associates, and colleagues in charitable or civic groups. Identify those persons to be contracted upon your death, noting any particular requests or messages to be given, and listing their current addresses and phone numbers.
6.   Location of your safe-deposit box and its key.
7.   Location of your Will and estate planning documents: Include any trusts, buy sell agreements, or  extraneous writings incorporated in your will.
8.   Medical and hospital coverages and location of the policies.
9.   Social Security and Veterans Administration benefits: Identify current or potential benefits.
10.  Life insurance: Indicate where policies are located and what steps should be taken to collect policy  proceeds.
11.  Location and explanation of title documents and other records relating to your assets. Include deeds,  stocks, bonds, bank accounts and deposits, retirement plans, and vehicle titles.
12.  Identify obligations involving periodic payments, such as your home mortgage, car loans, and other debts, including amount and to whom payable.
13.  Identify your attorney and professional advisers (including your accountant, broker, trust officer, and insurance agent) who you currently use or recommend.
14. Key employees and business friends to keep business operating until sale. The value of an ongoing business is much greater than a closed one!
15.  Passwords for online bank accounts, and other finances. Where are they
16. Passwords for email accounts, plus online social media, such as Facebook.

You should review and update your letters of instruction periodically to be certain they are complete and current.   In most cases, you should personally discuss the contents of the letters with the persons to whom they are addressed, especially so with your spouse and executor to amplify or clarify the instructions given and answer any questions.  In all events, it is advisable to give the letters of instructions once written to the addressees so that they will be aware that the letters call for certain actions promptly after your death. A letter setting forth the above items will be especially helpful if your executor is someone who doesn't live with you and doesn't know the location of all your personal papers and assets. For those individuals with a business, a shareholder's agreement or buy-sell agreement is recommended.

Conclusion

While the preceding list contains possible topics to be covered in your letters to your family and executor, the list is by no means exhaustive. A number of these items may not be applicable in your situation, and probably there are many others that are applicable. The important thing is to spend some time now considering what you should tell those most closely associated with you to facilitate their handling of your affairs upon your death, and then write those matters down as soon as possible. 
Each of us has our own style of letter writing, especially when we are writing our loved ones or close associates.  In such circumstances a special and personal form of communication is needed.  We are mindful that each such letter should be unique and that there is no best way to compose the letter. For estate planning, speak with an experienced attorney.

For more information go to : http://www.njlaws.com/attorney_permitted_as_executor.html?id=22&a=

Attorney-Client Confidential Relationship

Attorney-Client Confidential Relationship

Attorney- Client Confidential Relationship
First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office.
We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
Confidential information includes, but is not limited to all information gained in the professional relationship that the client has requested be held secret or the disclosure of which would be embarrassing or possibly detrimental to the client. This includes not only the matter revealed by the client to us, but also the identity of what clients have been in to interview.
New Jersey Rules of Professional Conduct
RPC 1.6 Confidentiality of Information
(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c).

For more information go to : http://www.njlaws.com/client_attorney.html?id=102&a=

Attempted Murder/Attempted Passion/Provocation Manslaughter (N.J.S.A. 2C:11-3, 2C:11-4 and 2C:5-1) model jury charge

Attempted Murder/Attempted Passion/Provocation Manslaughter (N.J.S.A. 2C:11-3, 2C:11-4 and 2C:5-1) model jury charge




ATTEMPTED MURDER/ATTEMPTED PASSION/PROVOCATION MANSLAUGHTER
(N.J.S.A. 2C:11-3, 2C:11-4 and 2C:5-1)
Count __________ of the indictment charges defendant with attempted murder.
[Read count of the indictment]
The law provides[1]:
An actor is guilty of attempted murder if he purposely attempted to cause death and did not act in the heat of passion arising from reasonable provocation.
In order to convict defendant of this charge, the State must prove the following elements beyond a reasonable doubt:
1.that it was defendants purpose to cause the death of (name of victim);
2.that defendant purposely engaged in conduct which was intended to cause the death of the victim, if the attendant circumstances were as a reasonable person would believe them to be;
OR
2.that defendant did or omitted to do anything with the purpose of causing the death of (name of victim) without further conduct on his part;
OR
2.that defendant purposely did or omitted to do anything which, under the circumstances as a reasonable person would believe them to be, was an act or omission constituting a substantial step in the course of conduct planned to culminate in the death of (name of victim), and
3.that defendant did not act in the heat of passion arising from reasonable provocation.
If you find that the State has proven beyond a reasonable doubt that defendant purposely attempted to cause the death of (name of victim) and that defendant did not act in the heat of passion resulting from reasonable provocation, then you must find defendant guilty of attempted murder.If you find beyond a reasonable doubt that the State has proven that defendant purposely attempted to cause the death of (name of victim) and that defendant acted in the heat of passion resulting from a reasonable provocation, then you must find defendant guilty of attempted passion/provocation manslaughter.
The first element that the State must prove beyond a reasonable doubt is that defendants purpose was to cause the death of (name of victim).
The second element that the State must prove beyond a reasonable doubt is that defendant
[CHOOSE APPROPRIATE]
[Attempt-Impossibility]
(1)Purposely engaged in conduct which was intended to cause the death of the victim, if the attendant circumstances were as a reasonable person would believe them to be;
OR
[Attempt-When Causing a Particular Result is an Element of Crime]
(2)Did or omitted to do anything with the purpose of causing the death of (name of victim) without further conduct onhis/herpart;
OR
[Attempt-Substantial Step]
(3)Purposely did or omitted to do anything which, under the circumstances as a reasonable person would believe them to be, was an act or omission constituting a substantial step in a course of conduct planned to culminate in defendants causing the death of (name of victim).The step taken must be one that is strongly corroborative of criminal purpose.Defendant must be shown to have had a firmness of criminal purpose in light of the stepshe/shehad already taken.These preparatory steps must have been substantial and not just very remote preparatory acts.
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 if the individual is aware of the existence of such circumstances or the individual believes or hopes that they exist.With purpose, designed, with design or equivalent terms have the same meaning.
The term purposely is a condition of the mind.A condition of the mind cannot be seen.It can only be determined by inferences from defendants 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 an accused said that he/she had a certain state of mind when he/she did a particular thing.It is within your power to find that such proof has been furnished beyond a reasonable doubt by inferences which may arise from the nature of his/her acts and conduct and from all he/she said and did at the particular time and place and from all surrounding circumstances established by the evidence.
The use of a deadly weapon such as (describe deadly weapon) in itself may permit you to draw an inference that the defendants purpose was to take a life.A deadly weapon is any firearm or other weapon, device, instrument, material or substance, which in the manner it is used or is intended to be used, is known to be capable of producing death.[2]In your deliberations you may consider the weapon used and the manner and circumstances of the attack, and if you are satisfied beyond a reasonable doubt that the defendant (shot) (stabbed) (other method of causing injury) (name of victim) with a (gun) (knife) (other weapon), you may draw an inference as to defendants purpose from the (gun) (knife) (other weapon) used and from the manner and circumstances of the attack.[3]
The third element that the State must prove beyond a reasonable doubt is that defendant did not act in the heat of passion resulting from a reasonable provocation.Attempted passion/ provocation manslaughter has four factors which distinguish it from attempted murder.In order for you to find defendant guilty of attempted murder, the State need only prove the absence of any one of them beyond a reasonable doubt.The four factors are:
1.There was adequate provocation;
2.The provocation actually impassioned defendant;
3.Defendant did not have a reasonable time to cool off between the provocation and the attack, and
4.Defendant did not actually cool off before committing the attack.
The first factor you must consider is whether the State has proven beyond a reasonable doubt that the provocation was not adequate.Whether the provocation is inadequate essentially amounts to whether loss of self‑control is a reasonable reaction to the circumstances.In order for the State to carry its burden it must prove beyond a reasonable doubt that the provocation was not sufficient to arouse the passions of an ordinary person beyond the power of his control.For example, words alone do not constitute adequate provocation.On the other hand, a threat with a gun or knife or a significant physical confrontation might be considered adequate provocation.Again, the State must prove that the provocation was not adequate.
The second factor you must consider is whether the State has proven beyond a reasonable doubt that defendant was not actually impassioned, that is, that he did not actually lose his/herself-control.
The third factor you must consider is whether the State has proven beyond a reasonable doubt that defendant had a reasonable time to cool off.In other words, you must determine whether the State has proven that the time between the provoking event(s) and the attack was adequate for the return of a reasonable persons self‑control.
The fourth factor you must consider is whether the State has proven beyond a reasonable doubt that defendant actually did cool off before committing the attack, that is, that he/she was no longer actually impassioned.
If you find that the State has proven beyond a reasonable doubt that there was not adequate provocation or that the provocation did not actually impassion the defendant or that defendant had a reasonable time to cool off or that defendant actually cooled off and in addition to proving one of those four factors you determine that the State has proved beyond a reasonable doubt that defendant purposely attempted to cause the death of (name of victim), then you must find defendant guilty of attempted murder.
If, on the other hand, you determine that the State has not disproved at least one of the factors of attempted passion/provocation manslaughter beyond a reasonable doubt, but that the State has proven beyond a reasonable doubt that defendant purposely attempted to cause the death of (name of victim), then you must find defendant guilty of attempted passion/provocation manslaughter.
If, however, the State has failed to prove beyond a reasonable doubt that defendant purposely attempted to cause the death of (name of victim), then you must find defendant not guilty of attempted murder or attempted passion/provocation manslaughter.
PROPOSED VERDICT SHEET
On the charge that defendant purposely attempted to cause the death of (name of victim), our verdict is
A.NOT GUILTY[]
B.GUILTY OF ATTEMPTED
PASSION/PROVOCATION MANSLAUGHTER[]
C.GUILTY OF ATTEMPTED MURDER[]


For more information go to : http://www.njlaws.com/attemptedmurder.html?id=5387&a=

ATTEMPTED MURDER (N.J.S.A. 2C:5-1; N.J.S.A. 2C:11-3a(1)) model jury charge



ATTEMPTED MURDER[1]
N.J.S.A. 2C:5-1
N.J.S.A.2C:11-3a(1)

The Indictment charges the defendant with the crime of attempted murder.In order for you to find the defendant guilty of an attempted murder, the State must prove beyond a reasonable doubt that it was the defendants purpose to cause the death of the victim. More specifically, the law provides that a person is guilty of an attempt to commit the crime of murder, if the person:
[Select appropriate section]
[Attempt-Impossibility]
(1)Purposely engaged in conduct which was intended to cause the death of the victim, if the attendant circumstances were as a reasonable person would believe them to be;
[or]
[Attempt-When Causing a Particular Result is an Element of the Crime]
(2)Did or omitted to do anything with the purpose of causing the death of the victim without further conduct on his part.
[or]
[Attempt-Substantial Step]
(3)Purposely did or omitted to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his causing the death of the victim.
Thus, in order to find the defendant guilty of the crime of attempted murder, the State must prove the following elements beyond a reasonable doubt:
First, it was the defendants purpose to cause the death of _____________.
Secondly, the defendant:
[Select Appropriate Section]
[Attempt - Impossibility]
(1)Purposely engaged in conduct which was intended to cause the death of the victim, if the attendant circumstances were as a reasonable person would believe them to be;
[or]
[Attempt-When Causing a Particular Result is an Element of the Crime]
(2)Did or omitted to do anything with the purpose of causing the death of the victim without further conduct onhis/herpart.
[or]
[Attempt-Substantial Step]
(3)Purposely did or omitted to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate inhis/hercausing the death of the victim.
First, the State must prove that the defendant acted purposely.
Purposely means it was the persons conscious object to cause the death of the victim.[2]
Whether the defendants purpose was to cause the death of the victim is a question of fact for you to decide.Purpose is a condition of the mind which cannot be seen and can only be determined by inference from conduct, words or acts.It is not necessary for the State to produce a witness or witnesses who could testify that the defendant stated, for example, thathis/herpurpose was to cause the death of the victim.It is within your power to find that proof of purpose has been furnished beyond a reasonable doubt by inference which may arise from the nature of the acts and the surrounding circumstances.Such things as the place where the acts occurred, the weapon used, the location, number and nature of wounds inflicted, and all that was done or said by the defendant preceding, connected with, and immediately succeeding the events are among the circumstances to be considered.Causing the death of the victim must be within the design or contemplation of the defendant.
The use of a deadly weapon such as a(describe the deadly weapon used)in itself may permit you to draw an inference that the defendants purpose was to take a life.A deadly weapon is any firearm or other weapon, device, instrument, material or substance, which in the manner it is used or is intended to be used, is known to be capable of producing death. . .[3]In your deliberations you may consider the weapon used and the manner and circumstances of the attack, and if you are satisfied beyond a reasonable doubt that the defendant (shot) (stabbed) the victim with a (gun) (knife) you may draw an inference from the weapon used, that is the (gun) (knife), and from the manner and circumstances of the attack, as to the defendants purpose.
Secondly, the State must also prove beyond a reasonable doubt that the defendant:
[Select the appropriate section]
(A)Purposely engaged in conduct which was intended to cause the death of the victim if the attendant circumstances were as a reasonable person would believe them to be.
If the defendants conduct would have caused the death of the victim had the facts been as a reasonable person would have believed them to be, you should consider that conduct as evidence of the guilt of the attempt to purposely cause the victims death.It does not matter that the defendant was frustrated in accomplishinghis/herobjective because the facts were not as a reasonable person would believe them to be; it is no defense that the defendant could not succeed in reachinghis/hergoal because of circumstances unknown to the defendant.[4]
or
[When Causing a Particular Result is an Element of the Crime of Murder ]
(B)Did or omitted to do anything with the purpose of causing the death of the victim without further conduct onhis/herpart.
This means that the defendant did or failed to do anything designed to accomplish the death of the victim without having to take further action.Where the defendant has done all thathe/shebelieves necessary to cause the death of the victim, you should consider that as evidence of guilt of attempt to purposely cause the victims death.[5]
[or]
[Attempt-Substantial Step]
(C)Purposely did or omitted to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in the course of conduct planned to culminate inhis/hercausing the death of the victim.However, the step taken must be one which is strongly corroborative of the defendants criminal purpose.The defendant must be shown to have had a firmness of criminal purpose to cause the death of the victim.Preparatory steps, if any, must be substantial and not just very remote preparatory acts.[6]
In order for you to find the defendant guilty of an attempted murder, the State must prove beyond a reasonable doubt that it was the defendants purpose to cause the death of the victim.The State, however, is not required to prove a motive.If the State has proved the essential elements of the offense beyond a reasonable doubt, the defendant must be found guilty of the offense regardless of the defendants motive or lack of motive.
If the State, however, has proved a motive, you may consider that insofar as it gives meaning to other circumstances.[7]On the other hand, you may consider the absence of motive in weighing whether or not the defendant is guilty of attempted murder.
If after a consideration of all the evidence, you are convinced beyond a reasonable doubt, that the State has proved all of the elements of the crime of attempted murder, then your verdict must be guilty.
If, however, after a consideration of all the evidence, you find the State has failed to prove each and every element of the crime of attempted murder beyond a reasonable doubt, your verdict must be not guilty.
[Charge where appropriate]

RENUNCIATION OF CRIMINAL PURPOSE

[To be used when the defendants conduct would otherwise constitute an attempt under sections B or C set forth above]
As part of the defendants denial of guilt, the defendant raises the defense of renunciation of criminal purpose.
The defendant must prove, by a preponderance of the evidence, thathe/sheabandonedhis/hereffort to cause the death of the victim, or otherwise prevented its commission under circumstances manifesting a complete andvoluntary decision to abandonhis/hercriminal purpose.The abandonment of the criminal effort must originate with the defendant and not be forced upon the defendant by some external circumstance, such as police intervention.[8]Renunciation of criminal purpose will not be deemed to be voluntary if it is motivated in whole or in part by circumstances not present or apparent at the beginning of the defendants course of conduct which increases the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose.Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another victim.Nor is renunciation complete if mere abandonment is insufficient to accomplish avoidance of the death of the victim.In this instance, the defendant must have taken further and affirmative steps that prevented the commission of the offense.A renunciation, in order to be complete, must prevent the completion of the crime.[9]

For more information go to : http://www.njlaws.com/Attempted_murder.html?id=5361&a=

Attempt (N.J.S.A. 2C:5-1) model jury charge

ATTEMPT (N.J.S.A. 2C:5‑1) model jury charge



 

ATTEMPT

(N.J.S.A. 2C:5‑1)

ALTERNATIVE I

[To be used when defendant is charged with Attempt]

            The indictment charges that the defendant attempted to commit the crime of _________________________.

 

ALTERNATIVE II

[If the facts raise the question whether the crime was completed, the jury should be instructed to turn to a consideration of whether an attempt to commit the crime has been established.[1]]
            The indictment charges that the defendant committed the crime of _________________________.  If you find that the State has failed to prove beyond a reasonable doubt that the crime of ______________________ was committed, then you should consider whether an attempt to commit the crime has been established.

[If “knowing” or lesser culpability would have sufficed for the completed crime, add the following]
            Before I explain the definition of an attempt, let me explain an important difference between an attempt and the crime of _____________________.  Although it is possible to commit the crime of _____________________ with [knowledge/recklessness], to be guilty of an attempt the defendant must act with purpose.  In other words, the defendant must have the purpose to commit the crime of ______________________, in order to be guilty of attempting it.[2]
[MAIN CHARGE]

            The law provides that a person is guilty of an attempt to commit a crime if the person:[3]
[Select the appropriate section]
[(1) Attempt - Impossibility]
            Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be;
[or]
[(2) Attempt - When Causing a Particular Result is an Element of the Crime]
            Does or omits to do anything with the purpose of causing [result] without further conduct on his part.
[or]
[(3) Attempt-Substantial Step]
            Purposely does or omits to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in the course of conduct planned to culminate in his commission of the crime.
           
Thus, in order to find the defendant guilty of a criminal attempt, the State must prove two elements beyond a reasonable doubt:

[Select the appropriate Section]

[(1) Attempt - Impossibility]
       The first element is that the defendant acted purposely.  A defendant 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 attendant circumstances if he/she is aware of the existence of such circumstances or he/she believes or hopes that they exist.
            The second element is that the defendant engaged in conduct which would constitute the crime of _______________ had the facts been as a reasonable person would have believed them to be.

[Here define the crime allegedly attempted if it has not been defined already, or refer jurors to the definition previously charged]

            If the accused purposely engaged in conduct that would constitute the crime of _______________ had the facts been as a reasonable person would have believed them to be, you should consider that conduct as evidence of guilt of attempt to commit____________.  It does not matter that the defendant failed to accomplish his/her intended result because the facts were not as a reasonable person would have believed them to be; it is no defense that the defendant could not succeed in reaching his/her intended result because of circumstances unknown to him/her.  However, there cannot be an attempt to commit a crime unless the attempt, if completed, would have constituted the crime.[4]
[or]
[(2) When Causing a Particular Result is an Element of the Crime]
            First, that the defendant had the purpose to cause [here state the result that is an element of the alleged attempted crime].  A defendant 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 attendant circumstances if he/she is aware of the existence of such circumstances or he/she believes or hopes that they exist.
            The second element is that the defendant did or omitted to do anything to cause [state the result which is an element] without further conduct or action on his/her part.  Where the accused has done all that he/she believes necessary to cause [state the result which is an element], you should consider that as evidence of guilt of an attempt to commit____________.
[or]
[(3) Substantial Step]
            First, that the defendant had the purpose to commit the crime of ______________.  A defendant 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 attendant circumstances if he/she is aware of the existence of such circumstances or he/she believes or hopes that they exist.
            The second element is that the defendant purposely did or omitted to do anything, which, under the circumstances as a reasonable person would believe them to be, is an act or omission that is a substantial step in the course of conduct planned to culminate in his/hercommission of the crime.  However, the step taken must strongly show the defendant’s criminal purpose.  That is, the step taken must be substantial and not just a very remote preparatory act, and must show that the accused has a firmness of criminal purpose.
[Charge in Every Case Except One Involving the Renunciation Defense]
            If you find that the State has proven each of these elements beyond a reasonable doubt, then you must find the defendant guilty of an attempt to commit___________.  However, if you find that the State failed to prove any of these elements beyond a reasonable doubt, then you must find the defendant not guilty of an attempt to commit____________.

[Charge Where Appropriate]
RENUNCIATION OF CRIMINAL PURPOSE
[To be used when the defendant’s conduct would otherwise constitute an attempt under Section 2 or 3 above]
            As part of the defendant’s denial of guilt, the defendant raised the defense of renunciation of criminal purpose.
            The accused must prove, by a preponderance of the evidence, that he/she abandoned his/her effort to commit the crime or otherwise prevented its commission under circumstances that show a complete and voluntary decision to renounce his/her criminal purpose.  The abandonment of the criminal effort must begin with the defendant and not be forced upon him/her by some outside event, such as police intervention.[5]  Renunciation of criminal purpose is not voluntary if the reason for it is that it seems more likely that defendant will be detected or caught, or the objective seems more difficult than it did at the beginning of the course of conduct. Renunciation is not complete if the defendant only decides to postpone the criminal conduct to a better time or to focus on another but similar objective or victim.  If mere abandonment of the criminal effort is not enough to prevent the offense, then the defendant must have taken further and affirmative steps that actually prevented the commission of the offense.[6]
            As I stated, the defendant must prove renunciation by a preponderance of the evidence.  I previously explained that the State has the burden of proving every element of the crime(s) charged beyond a reasonable doubt.  The burden of proving renunciation by a preponderance of the evidence is a lesser burden.  It simply means that the defendant has the burden of establishing that the evidence supporting renunciation is more likely true than not.  Another way to describe it is the greater weight of the believable evidence in the case.  It does not necessarily mean the evidence of the greater number of witnesses, but rather, the evidence that carries the greater convincing power in your minds.  I remind you, however, that the burden of proving every element of the attempt to commit___________as I have previously defined it is always on the State and never on the defendant.
            If you find that the State has failed to prove any one of these elements beyond a reasonable doubt, then you must find the defendant not guilty of an attempt to commit____________.  Also, if you find the State has proven each of these elements beyond a reasonable doubt, but that the defendant has established by a preponderance of the evidence that he/she renounced his/her criminal purpose, then you must find the defendant not guilty.  However, if you find that the State has proven each of these elements beyond a reasonable doubt and the defendant has failed to establish renunciation by a preponderance of the evidence, then you must find the defendant guilty.

For more information go to : http://www.njlaws.com/Attempt.html?id=5360&a=

AT&T Legal Plan

AT&T Legal Plan


The Law Office of Kenneth Vercammen was selected to serve as the New Jersey Access Attorney for one of the major national legal service plans. We handle legal services for the following legal plans and their major employers:
Hyatt- AT&T, Delco retired (Includes Free Wills)
ARAG- AT&T management, PSE&G, Lucent management, A&P, Kraft,
Microsoft, National Telephone, Newsweek, Oracle, Proctor & Gamble,
Solomon Brothers, Thompson, Un. Bank of Switzerland (Includes Free Wills)
Prudential- Pru employees (Includes Free Wills)
APWU- Postal Workers (Includes Free Wills)
Union Privilege- AFL-CIO
LawPhone- private pay through credit card
UAW- Ford & GM
NYSUIT, National- New York Teachers
DC 37- NY Municipal Employees
Local 1500- NY retail
Truckers Legal Plan
Caldwell Legal Plan, OHS, Coast to Coast, and numerous other legal plans
Legal plan members
Our offices now serve as cooperating/panel attorneys for twenty two national legal service plans. Please consider our office if you need to refer a case to New Jersey. We have had success in handling the needs of many other legal plans and unions. We provide a full legal service including Wills, Estates, Criminal & Traffic Court, Probate, Elder Law, DWI & Personal Injury.
Union Privilege LEGAL PLAN- PROVIDING LOW COST ADVICE TO CONSUMERS IN NEW JERSEY
By Kenneth Vercammen, Esq.
Legal service plans are an excellent method for groups to obtain low cost and free legal advice. Millions of middle and low income working Americans need an attorney when legal problems strike. Today, several hundred group legal plans provide advice to millions of Americans who are Union members and/ or members of clubs and organizations that set up a legal plan. These legal plans in New Jersey provide a free telephone consultation with an attorney, some pay the entire cost of attorney representation including trial. It is easy and almost no cost to establish a consultation legal plan for your union, your employees and even a non profit group. Your member and/or employees can obtain some free legal advice and can sometimes head-off serious legal problems by preventive law. All currently registered New Jersey legal plans provide a free consultation to members without any prepaid costs by the member, their union or employer. It is easy to set up a free legal plan for your group, union or even for your employees. Experienced legal plan attorneys are familiar with the easy, no- cost registration requirements with the State of New Jersey. Prearranged access to a lawyer permits plan members to receive legal counseling and representation before it is too late, before a driver's license is lost, before someone dies without a will. Union members and their dependents, whose unions have negotiated legal services as an employees benefit, make up the majority of those covered. However, over the past 10 years commercially marketed plans have greatly expanded the availability of prepaid legal services to credit card holders, bank depositors, credit unions and even people not affiliated with any group that want legal question insurance. A Lawyer's Guide to Prepaid Legal Services at 1 Employer financed group legal services plans, previously qualified under Internal Revenue Code Section 120 have provided millions of Americans with an attorney when an emergency happens or even when they have a legal question. These plans do exactly what Congress intended when it established Section 120- guarantee affordable access to legal services for middle class families by addressing their real and otherwise unmet need for legal help. Some legal plans are prepaid legal plans . The term Prepaid Legal Service Plan has been developed over the last fifteen years to denote any type of arrangement that establishes a fund of money in the present that is used to pay legal fees for services required by plan contributors in the future. A Lawyer's Guide to Prepaid Legal Services By Alec Schwartz American Bar Association Press p 3 (1988). In a prepaid plan, often the employer pay the legal plan administrators up front legal fees which are used to hire a local attorney to provide wills, real estate closings, divorce representation, etc. What does a prepaid legal plan really do? First, it reduces the cost of legal services to the consumer. Rather than paying a possible $115- $155 per hour or a flat fee of up to $900 for a simple divorce, the consumer or their employer may pay between $50- $200 per year for the legal plan and they then are eligible to use a lawyer for services which would otherwise cost hundreds or thousands of dollars. A prepaid plan, because it prepays for and provides ready access to lawyer services, encourages preventive legal care. A Lawyer's Guide to Prepaid Legal Services at 4. Unpaid plans, such as the AFL-CIO's Union Privilege Legal Service, provides free consultations and referrals to qualified attorneys Today millions of Americans are given access to an attorney, usually a private attorney under employer plans and also under employee or consumer plans. See Prepaid Legal Plans Help Small Law Firms and Consumers Solo-ABA/GP Winter, 1994
On March 4, 1994 I met with Congressman Frank Pallone, D- NJ to discuss legal service plans. I encouraged him to support prepaid legal plans to help consumers. Congressman Pallone, a long time supporter of Consumer legislation, appears on our side. Legal services improve economic productivity, because an employee distracted by legal difficulties isn't fully effective. Legal Plan Letter Number 290, National Resource Center for Consumers of Legal Services at 3.
According to the American Prepaid Legal Services Institute (API), a Chicago-based ABA related national membership organization, group legal service plans involve advance arrangements for meeting personal legal needs, especially for legal services that prevent or settle disputes. Legal service plans extend quality, low cost legal services to middle income Americans. They are inexpensive - the average employer-paid plan costs less than $100 per family per year. Everyone should have a will, power of attorney, living will and access to a local attorney. These plans enhance employee productivity by promoting emotional, financial and physical health. Legal services plans work much like prepaid dental or medical plans. Building Your Small Firm Practice on a Prepaid Foundation Florida Bar Journal Vol. LXVIII, No 1 p48 (Jan. 1994).
The Late William Bolger, Director of the Union Privilege Legal Services of the AFL-CIO and other national leaders in the legal service field states that legal plans enjoy strong, broad support from labor, consumer, bar and insurance groups. IRS Tax Credit Section 120 places employer paid group legal service plans on equal footing with other statutory fringe benefits by providing the same favorable tax treatment. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees' work performance often has a direct relationship to personal legal problems, therefore the sooner a solution can be found for the employees' problem, the sooner the employees can focus on their work. See Opening the Door to Affordable Legal Services American Prepaid Legal Services Institute p1 (1988).
It is not difficult to organize a legal services plan, whether it is a union, trade association, church or non-profit organization. At least half of the population does not have adequate access to the legal system. By increasing awareness of legal services plans, a win/win opportunity exists for people with legal problems. All consumers and businesses should support legal plans.

For more information go to : http://www.njlaws.com/ATTLegal.html?id=2620&a=

Assest Protection

Asset Protection

A number of techniques can be used to protect assets against estate taxes and the claims of creditors. This article reviews some of the techniques that should be considered. Asset protection strategies should be examined in light of your overall business, tax, and estate planning goals. In addition special care should be taken to avoid running afoul of fraudulent transfer laws.
Estate Planning
Unified gift and estate tax credit. This credit allows each taxpayer to shield over $5,000,000 from estate and gift taxes. To make the most of the credit, married couples should consider transferring assets so that each spouse holds at least $600,000.
Annual gift tax exclusion. Taxpayers are permitted to make annual tax-free gifts of up to $14,000 per recipient ($28,000 for gifts made by a married couple). These gifts allow taxpayers to transfer large amounts of wealth to family members while reducing their taxable estates and placing the transferred assets beyond the reach of creditors.
Trust. Assets transferred to a spouse on death are generally free from estate taxes under the marital deduction. Properly structured testamentary trust permit a couple to make the most of the marital deduction and to provide income for the surviving spouse, protect the assets against creditors claims, and preserve the assets for their children.
Form of Ownership The manner in which title to properly is held can have a significant impact on the propertys vulnerability to creditor claims. For example, property held by a husband and wife as joint tenants with rights of survivorship can generally be used to satisfy the debts of either spouse. But property held as tenants by the entireties can only be used to satisfy joint liabilities. If one spouse has greater liability exposure (e.g., a physician), it may be a good idea for the other spouse to hold title to the personal residence and other assets as separate property.
Note: The techniques available vary depending on the laws of the state in which the couple resides or in which the property is located.
Homestead property. In many states, a primary residence, or homestead, is exempt from creditor claims. An effective asset protection strategy is to use nonexempt assets to pay down mortgage on an exempt residence.
Family Businesses Family limited partnerships. A family limited partnership allows senior family members to transfer a significant portion of a family business or property to younger family members without giving up control, while reducing estate taxes and providing limited protection against creditors.
Buy/sell agreements. Properly structured buy/sell arrangements among family business owners can often be used to establish the value of the business for estate tax purposes.
Estate freezes. Estate freeze techniques allow a business owner to shift the benefits of future appreciation to the younger generation (and to remove that appreciation in value from his or her estate) while retaining control of the business. The rules that apply to estate freezes are very complex, so careful planning is critical.
Qualified retirement plans. Qualified retirement plan accounts and benefits are generally exempt from the claims of creditors. IRAs offer some, but less, protection.
Non qualified deferred compensation. This is simply an agreement by the company to pay for an employees services at a future date. If properly structured, these funds are not taxed until they are received and may be protested from creditors.
Life Insurance Trusts A properly structured irrevocable life insurance trust can be used to protect the policy and proceeds against creditor claims and remove the proceeds from the insureds taxable estate.
Offshore Trusts A foreign asset protection trust (APT), typically established in a foreign country that does not enforce U.S. judgments, may shield assets from litigation awards and offer some protection against creditors (but it cant be used to hide assets from current creditors). APTs are complex and expensive, and the grantor must be willing to place the trust assets beyond his or her reach for a significant amount of time. However, for people whose professions or other circumstances expose them to a high degree of risk, an APT may be worth a look.


For more information go to : http://www.njlaws.com/asset_protection.html?id=19&a= 

Tuesday, September 5, 2017

Assembly Line Injuries

When the Workers Compensation Act was passed many years ago it was probably the first true no fault law in this State. With some very narrow exceptions, the question of negligence (fault) is not an issue if a worker is hurt on the job. Whether or not the employer is at fault has no impact on the worth of a case. In cases involving injuries suffered in connection with employment, your lawyer will represent you without payment in advance.
If a worker is injured on the job, the worker has three basic rights:
(1) the right to medical treatment;
(2) the right to receive payment (temporary disability) for lost time; and
(3) the right to receive payment for any after-effects of the injury if the after-effects are found to be permanent (partial permanent disability).
If you are injured, you should immediately report the accident. Make sure an accident report is filled out and write down the names of all witnesses.
When a worker is injured on the job, the employer or the employers insurance company are obligated to furnish and pay for medical treatment. However, in New Jersey, the employer has the right to select the doctors who will provide that treatment, since its the employer or its insurance company who is responsible for payment of medical expenses. It follows that if the worker does not go to the authorized treating doctor, then the employer will generally not be responsible for payment of the medical expenses. When an employee is hurt on the job, the employee is entitled to receive temporary disability benefits of 70% of wages up to an amount set by the State. For example, the maximum amount for an injury in 1997 is $496 per week. These benefits are payable on a retroactive basis if the employee is out at least seven (7) days and the treating doctor certifies that the employee cannot work.
In general, temporary disability benefits will continue to be paid so long as the workers treating doctor certifies that the employee cannot work.
When medical treatment is completed and the employee is able to return to work, there may be a basis for payment to the employee of benefits for the after-effects of the injury. This is called partial permanent disability and is based on a schedule which utilizes a system of assigning value to each part of the body on a scale of 1% to 100%.
Generally, the issue of partial permanent disability is resolved by filing a claim in the Division of Workers Compensation. A lawyer who represents a claimant before the Division of Workers Compensation may not charge any fee in advance. An Administrative Law Judge who hears the case will set the fee (never more than 20%) and if there is no recovery, an attorney will not be allowed a fee.
Finally, disposition of a claim in the Division of Workers Compensation will not always operate to end a claim. There are rights and obligations on the part of both the employer and the employee.
Since an employee is not obligated to pay a fee in a workers compensation case unless awarded by the Court, it would make sense for the employee to immediately consult an attorney to protect his/her rights.
The employee should also be aware of the fact that there are time limits regarding the reporting of accidents. The safest approach is, of course, to report a work related accident immediately, even if it seems relatively minor at the time. Failure to report an accident can cause delays in receiving temporary disability and other benefits.
When you meet with a workers compensation attorney, the following information will be requested from you:
1. Name, address and telephone number.
2. Name, address and telephone number of employer.
3. Name, address and telephone number of any union the client is a member of , along with full details of any union benefits that may have been received or to which the client has a right. (There may be a union benefit plan which provides the employee with payments for drugs and medical bills in addition to workers compensation benefits.)
4. The job title the client held when injured, along with the clients educational background and previous employment history.
5. The nature of the employers business.
6. Your Social Security number.
7. Your sex, age, and marital status at the time of the accident.
8. The name of the employers workers compensation insurance carrier or indication of whether the employer is self-insured.
9. The exact details of how you gave notice of the accident to the employer or whether the facts and circumstances are such that the employer must have had knowledge.
10. The exact place where the accident occurred and the date and time of the occurrence.
11. A full description in your own handwriting of how the accident occurred or to the exposures if an occupational disease case.
12. Your wages or earnings and whether on time or piece-work basis, the rate per hour, or the weekly wage.
13. The date when you stopped work and the date of return to work.
14. A statement of past and present complaints, as well as a description of all body parts affected by the accident. Explain any emotional complaints since the accident to investigate the question of neuro-psychiatric disability.
15. The compensation paid for temporary or permanent disability must be ascertained.
16. Full details as to medical aid required and whether it was requested from the employer. If the medical treatment was furnished by the employer, all dates of treatment should be inventoried. If the employer refused to furnish the treatment, indicate in detail all requests made to the employer for treatment, as well as obtaining the names and addresses of all doctors who furnished the treatment.
17. Be certain you have the names and addresses of all physicians and hospitals who rendered medical treatment since the accident, including but not limited to the injuries arising from the accident. Attempt to obtain the amount of all physicians bills and prepare a file for paid and unpaid bills.
If you are receiving medical treatment from a doctor of your choice or if the employer has refused to render medical treatment, the attorney must give written notification to the employer and its insurance carrier of all the details concerning your injuries and accident and the name and address of the doctor by whom he is being treated or the name and address of the doctor who is going to be treating him. The attorney must clearly indicate in the letter that this is a formal request pursuant to Title 34 for the employer/respondent to furnish medical treatment by the doctor chosen by the petitioner or, alternatively, that the respondent should immediately provide the name and address of a doctor that it wants to treat the petitioner. In Workers Compensation, the respondent controls the choice of doctor.
18. Any Blue Cross, Blue Shield, or major medical plans which cover you, as well as identification numbers, since it may be possible to obtain payment for medical bills from these plans, if the employer/workers compensation refuses to make payment. See Workers Compensation (ICLE 1983).
If you are injured while working, we recommend you immediately speak with an experienced attorney.

N.J.S.A. 2C:12-1 Assault By Auto

N.J.S.A 2C:12-1 Assault.

N.J.S.A. 2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2)Negligently causes bodily injury to another with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Aggravated assault. A person is guilty of aggravated assault if he:

(1)Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2)Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3)Recklessly causes bodily injury to another with a deadly weapon; or

(4)Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5)Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a)Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b)Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

(c)Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d)Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e)Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f)Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g)Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; or

(h)Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i)Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L. P.L. 1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the "Cable Television Act," P. .1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

(7)Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or

(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this subsection, "emergency services personnel" shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S. 2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of

N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. As used in this paragraph, "laser sighting system or device" means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under subsection b.(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under subsection b.(11) is a crime of the third degree.

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L. 1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L. 1981, c.512 (C.39:4-50.4a) and bodily injury results.
(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L. 1981, c.512 (C.39:4-50.4a) while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this section.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

d. A person who is employed by a facility as defined in section 2 of P.L. 1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L. 1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

e.(Deleted by amendment, P.L. 2001, c.443).

f. A person who commits a simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this act, "school or community sponsored youth sports event" means a competition, practice or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.

Amended 1979, c.178, s.22; 1981, c.290, s.14; 1983, c.101; 1985, c.97, s.2; 1985, c.444; 1990, c.87, s.1; 1991, c.237, s.2; 1991, c.341, s.2; 1993, c.219, s.2; 1995, c.6, s.1; 1995, c.181; 1995, c.211, s.1; 1995, c.307, s.2; 1997, c.42; 1997, c.119; 1999, c.77; 1999, c.185, s.2; 1999, c.281; 1999, c.381; 2001, c.215; 2001, c.443, s.2; 2002, c.53; 2003, c.218; 2005, c.2; 2006, c.78, s.2.

N.J.S.A. 2C:12-1.1 Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.

2. A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the third degree if the accident results in serious bodily injury to another person. The presumption of non imprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this section.

If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1.

Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each conviction.

Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.

For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of R.S.39:4-129.
L.1997, c.111, s.2; amended 2003, c.55, s.3; 2007, c.83, s.2.

N.J.S.A. 2C:12-1.2 Endangering an injured victim.

1.Endangering an injured victim. a. A person is guilty of endangering an injured victim if he causes bodily injury to any person or solicits, aids, encourages, or attempts or agrees to aid another, who causes bodily injury to any person, and leaves the scene of the injury knowing or reasonably believing that the injured person is physically helpless, mentally incapacitated or otherwise unable to care for himself.

b.As used in this section, the following definitions shall apply:

(1)"Physically helpless" means the condition in which a person is unconscious, unable to flee, or physically unable to summon assistance;

(2)"Mentally incapacitated" means that condition in which a person is rendered temporarily or permanently incapable of understanding or controlling one's conduct, or of appraising or controlling one's condition, which incapacity shall include but is not limited to an inability to comprehend one's own peril;

(3)"Bodily injury" shall have the meaning set forth in N.J.S.2C:11-1.

c.It is an affirmative defense to prosecution for a violation of this section that the defendant summoned medical treatment for the victim or knew that medical treatment had been summoned by another person, and protected the victim from further injury or harm until emergency assistance personnel arrived. This affirmative defense shall be proved by the defendant by a preponderance of the evidence.

d. A person who violates the provisions of this section shall be guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction of the crime that rendered the person physically helpless or mentally incapacitated, nor shall such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence imposed pursuant to this section shall be ordered to be served consecutively to that imposed for any conviction of the crime that rendered the person physically helpless or mentally incapacitated.

e. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for murder, manslaughter, assault or any other offense.
L.2000,c.174,s.1.

http://benotguilty.com/assault_by_auto.html?id=12&a=