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someone is Indicted for Burglary, the Judge will read portions of
the following to the Jury. They are called Request to Charge.
BURGLARY IN THE THIRD DEGREE (N.J.S.A. 2C:18-2a)
The indictment charges the defendant with committing the crime
of burglary. The indictment reads as follows:
(Read Indictment)
N.J.S.A. 2C:18-2a insofar as it is applicable to this case reads
as follows:
A person is guilty of burglary if, with purpose to commit an offense
therein the person:
(1) Enters a (research facility) (structure), or a separately secured
or occupied portion thereof, unless the (research facility) (structure)
was at the time open to the public or the person is licensed or
privileged to enter; or
(2) Surreptitiously remains in a (research facility) (structure)
or a separately secured or occupied portion thereof knowing that
(he/she) is not licensed or privileged to do so.
Specifically, the defendant in this case is charged with entering
with the purpose to commit an offense. I must therefore explain
to you, first, what constitutes burglary under the law and second,
what constitutes an offense. In order for you to find the defendant
guilty of burglary, the State must prove beyond a reasonable doubt
the following elements:
1. that the defendant entered1 the (research facility) (structure)
known as without permission. 2. that the defendant did so with the
purpose to commit an offense therein.
(WHERE APPLICABLE CHARGE PERTINENT PART OF N.J.S.A. 2C:1-14p):
Research facility means any building, laboratory, institution,
organization, or school engaged in research, testing, educational
or experimental activities, or any commercial or academic enterprise
that uses warm-blooded or cold-blooded animals for food or fiber
production, agriculture, research, testing, experimentation, or
education. A research facility includes, but is not limited to,
any enclosure, separately secured yard, pad, pond, vehicle, building
structure or premises or separately secured portion thereof.
Structure includes any building [OR room, ship, vessel, car, vehicle,
or airplane, and also means any place adapted for overnight accommodation
of persons or for carrying on business therein] whether or not a
person is actually present.2 "Purpose to commit an offense"
means that the defendant intended to commit an unlawful act3 inside
the (structure) (research facility). [WHERE APPLICABLE CHARGE: The
unlawful act(s) allegedly intended are set forth in count(s) of
this indictment.]4
A person acts purposely with respect to the nature of his 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. Purpose, with
purpose, and similar words have the same meaning.5 In other words,
in order for you to find that the defendant acted purposely, the
State must prove beyond a reasonable doubt that it was the defendant's
conscious object at the time (he/she) unlawfully entered [OR surreptitiously
remained in] the premises to commit an unlawful act.6
Purpose is a condition of the mind which cannot be seen and can
only be determined by inferences from 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, members
of the jury, that witnesses be produced to testify that an accused
said (he/she) acted purposely when (he/she) engaged in a particular
act. (His/her) state of mind may be gathered from (his/her) acts
and (his/her) conduct, and from all (he/she) said and did at the
particular time and place, and from all of the surrounding circumstances.7
If you find that the State has proved the crime charged and each
of its elements beyond a reasonable doubt, then you must find the
defendant guilty. If you find that the State has failed to prove
any element beyond a reasonable doubt, then you must find the defendant
not guilty.
1 If "surreptitiously remaining" is in your case, charge
as follows: that the defendant surreptitiously remained for some
duration in the (research facility) (structure), or a separately
secured or occupied portion thereof knowing that (he/she) was not
licensed or privileged to do so. [See N.J.S.A. 2C:18-2a(2) and Cannel,
Criminal Code Annotated, Comment 4, N.J.S.A. 2C:18-2 (requirement
that this offense "requires a stay of some duration")].
"Surreptitiously" means secretly, stealthily, or fraudulently.
[Black's Law Dictionary at p. 1445 (6th ed. 1990).
2 N.J.S.A. 2C:18-1.
3 State v. Robinson, 289 N.J. Super. 447, 455 (App. Div. 1996);
N.J.S.A. 2C:1-14k.
4 "[W]here the circumstances surrounding the unlawful entry
do not give rise to any ambiguity or uncertainty as to a defendant's
purpose in entering a structure without privilege to do so [and]
led inevitably and reasonably to the conclusion that some unlawful
act is intended to be committed inside the structure, then specific
instructions delineating the precise unlawful acts intended are
unnecessary." Robinson, 289 N.J. Super. at 458 (emphasis in
original). However, where the circumstances surrounding defendant's
purpose in entering or surreptitiously remaining in the structure
or research facility are ambiguous, i.e., the evidence suggests
both criminal and non-criminal purposes for the entry, then it might
be necessary to direct the jury's consideration to the specific
criminal acts alleged in the indictment, if there are any. See,
for instance, State v. Marquez, 277 N.J. Super. 162, 168-169 (App.
Div. 1994).
5 N.J.S.A. 2C:2-2b(1).
6 If the jury may find from the facts that, although defendant
entered the premises without permission he did not do so with the
purpose to commit an offense therein, the jury must be charged on
the appropriate lesser included offense of criminal trespass. See
N.J.S.A. 2C:18-3.
7 See 2A Model Charge 4.181, INTENT and N.J.S.A. 2C:2-2.
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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;
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
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