Criminal Mischief 2C:17-3.
a. Offense defined. A person is guilty of criminal mischief if he:
(1)Purposely or knowingly
damages tangible property of another or damages tangible property of another
recklessly or negligently in the employment of fire, explosives or other
dangerous means listed in subsection a. of N.J.S. 2C:17-2; or
(2)Purposely, knowingly or
recklessly tampers with tangible property of another so as to endanger person
or property.
b. Grading. (1) Criminal
mischief is a crime of the third degree if the actor purposely or knowingly
causes pecuniary loss of $2,000.00 or more, or a substantial interruption or
impairment of public communication, transportation, supply of water, gas or
power, or other public service.
(2)Criminal mischief is a crime
of the fourth degree if the actor causes pecuniary loss in excess of $500.00.
It is a disorderly persons offense if the actor causes pecuniary loss of
$500.00 or less.
(3)Criminal mischief is a
crime of the third degree if the actor damages, defaces, eradicates, alters,
receives, releases or causes the loss of any research property used by the
research facility, or otherwise causes physical disruption to the functioning
of the research facility. The term "physical disruption" does not
include any lawful activity that results from public, governmental, or research
facility employee reaction to the disclosure of information about the research
facility.
(4)Criminal mischief is a
crime of the fourth degree if the actor damages, removes or impairs the operation
of any device, including, but not limited to, a sign, signal, light or other
equipment, which serves to regulate or ensure the safety of air traffic at any
airport, landing field, landing strip, heliport, helistop or any other aviation
facility; however, if the damage, removal or impediment of the device
recklessly causes bodily injury or damage to property, the actor is guilty of a
crime of the third degree, or if it recklessly causes a death, the actor is
guilty of a crime of the second degree.
(5)Criminal mischief is a
crime of the fourth degree if the actor interferes or tampers with any airport,
landing field, landing strip, heliport, helistop or any other aviation
facility; however if the interference or tampering with the airport, landing
field, landing strip, heliport, helistop or other aviation facility recklessly
causes bodily injury or damage to property, the actor is guilty of a crime of
the third degree, or if it recklessly causes a death, the actor is guilty of a
crime of the second degree.
(6)Criminal mischief is a
crime of the third degree if the actor tampers with a grave, crypt, mausoleum
or other site where human remains are stored or interred, with the purpose to
desecrate, destroy or steal such human remains or any part thereof.
c. A person convicted of an
offense of criminal mischief that involves an act of graffiti may, in addition
to any other penalty imposed by the court, be required to pay to the owner of
the damaged property monetary restitution in the amount of the pecuniary damage
caused by the act of graffiti and to perform community service, which shall
include removing the graffiti from the property, if appropriate. If community
service is ordered, it shall be for either not less than 20 days or not less
than the number of days necessary to remove the graffiti from the property.
d. As used in this section:
(1)"Act of
graffiti" means the drawing, painting or making of any mark or inscription
on public or private real or personal property without the permission of the
owner.
(2)"Spray paint"
means any paint or pigmented substance that is in an aerosol or similar spray
container.
Amended 1979, c.178, s.30;
1981, c.290, s.17; 1991, c.336, s.1, 1995, c.20, s.2; 1995, c.251, s.1; 1998,
c.54, s.1; 1999, c.95, s.1.
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 driver's 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;
