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Vercammen's Law office represents individuals charged from criminal
and serious traffic violations throughout New Jersey. The following
is the law in New Jersey:
2C:43-1. Degrees of Crimes. a. Crimes defined by this code are
classified, for the purpose of sentence, into four degrees, as follows:
(1) Crimes of the first degree;
(2) Crimes of the second degree;
(3) Crimes of the third degree; and
(4) Crimes of the fourth degree.
A crime is of the first, second, third or fourth degree when it
is so designated by the code. An offense, declared to be a crime,
without specification of degree, is of the fourth degree.
b. Notwithstanding any other provision of law, a crime defined
by any statute of this State other than this code and designated
as a high misdemeanor shall constitute for the purpose of sentence
a crime of the third degree. Except as provided in sections 2C:1-4c.
and 2C:1-5b. and notwithstanding any other provision of law, a crime
defined by any statute of this State other than this code and designated
as a misdemeanor shall constitute for the purpose of sentence a
crime of the fourth degree.
Amended by L. 1979, c. 178, s. 81; 1987, c. 106, s. 8.
2C:43-2 Sentence in accordance with code; authorized dispositions.
2C:43-2. Sentence in accordance with code; authorized dispositions.
a. Except as otherwise provided by this code, all persons convicted
of an offense or offenses shall be sentenced in accordance with
this chapter.
b. Except as provided in subsection a. of this section and subject
to the applicable provisions of the code, the court may suspend
the imposition of sentence on a person who has been convicted of
an offense, or may sentence him as follows:
(1) To pay a fine or make restitution authorized by N.J.S. 2C:43-3
or P.L. 1997, c.253 (C. 2C:43-3.4 et al.); or
(2) To be placed on probation and, in the case of a person convicted
of a crime, to imprisonment for a term fixed by the court not exceeding
364 days to be served as a condition of probation, or in the case
of a person convicted of a disorderly persons offense, to imprisonment
for a term fixed by the court not exceeding 90 days to be served
as a condition of probation; or
(3) To imprisonment for a term authorized by sections 2C:11-3,
2C:43-5, 2C:43-6, 2C:43-7, and 2C:43-8 or 2C:44-5; or
(4) To pay a fine, make restitution and probation, or fine, restitution
and imprisonment; or
(5) To release under supervision in the community or to require
the performance of community-related service; or
(6) To a halfway house or other residential facility in the community,
including agencies which are not operated by the Department of Human
Services; or
(7) To imprisonment at night or on weekends with liberty to work
or to participate in training or educational programs.
c. Instead of or in addition to any disposition made according
to this section, the court may postpone, suspend, or revoke for
a period not to exceed two years the driver's license, registration
certificate, or both of any person convicted of a crime, disorderly
persons offense, or petty disorderly persons offense in the course
of which a motor vehicle was used. In imposing this disposition
and in deciding the duration of the postponement, suspension, or
revocation, the court shall consider the severity of the crime or
offense and the potential effect of the loss of driving privileges
on the person's ability to be rehabilitated. Any postponement, suspension,
or revocation shall be imposed consecutively with any custodial
sentence.
d. This chapter does not deprive the court of any authority conferred
by law to decree a forfeiture of property, suspend or cancel a license,
remove a person from office, or impose any other civil penalty.
Such a judgment or order may be included in the sentence.
e. The court shall state on the record the reasons for imposing
the sentence, including its findings pursuant to the criteria for
withholding or imposing imprisonment or fines under sections 2C:44-1
to 2C:44-3, where imprisonment is imposed, consideration of the
defendant's eligibility for release under the law governing parole
and the factual basis supporting its findings of particular aggravating
or mitigating factors affecting sentence.
f. The court shall explain the parole laws as they apply to the
sentence and shall state:
(1) the approximate period of time in years and months the defendant
will serve in custody before parole eligibility;
(2) the jail credits or the amount of time the defendant has already
served;
(3) that the defendant may be entitled to good time and work credits;
and
(4) that the defendant may be eligible for participation in the
Intensive Supervision Program.
Amended 197, c.178, s.82; 1981, c.269, s.2; 1983, c.124, s.1; 1987,
c.106, s.9; 1994,c.155; 1997, c.253, s.1.
2C:43-2.1. Motor vehicle theft or unlawful taking; restitution
A person who is convicted of an offense involving the theft or unlawful
taking of a motor vehicle, in addition to any other fine, penalty,
or restitution which may be imposed by law, is liable to the owner
of the motor vehicle for any reasonable and necessary expense incurred
by the owner in recovering the motor vehicle and for any damage
to the motor vehicle prior to its recovery by the owner. In the
sentencing proceedings on the offense, the owner may submit evidence
of expenses incurred and damages sustained. The court shall make
a finding of the amount of expenses incurred and damages sustained,
and if the record does not contain sufficient evidence to support
such a finding, the court may conduct a hearing upon the issue.
The court shall order the person convicted of the offense to make
restitution to the owner in the amount of the expenses and damages
found by the court. The court shall file a copy of the order with
the clerk of the Superior Court who shall enter upon his record
of docketed judgments the name of the convicted person as judgment
debtor, and of the owner as judgment creditor, a statement that
the restitution is ordered under this section, the amount of the
restitution, and the date of the order. This entry shall have the
same force as a judgment docketed in the Superior Court.
L.1983, c. 411, s. 1, eff. Jan. 4, 1984.
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