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and serious traffic violations throughout New Jersey.
2C:16-1. Bias Intimidation.
a.Bias Intimidation. A person is guilty of the crime of bias intimidation
if he commits, attempts to commit, conspires with another to commit, or
threatens the immediate commission of an offense specified in chapters
11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3;
N.J.S.2C:39-4 or N.J.S.2C:39-5,
(1)with a purpose to intimidate an individual or group of individuals
because of race, color, religion, gender, handicap, sexual orientation,
or ethnicity; or
(2)knowing that the conduct constituting the offense would cause an individual
or group of individuals to be intimidated because of race, color, religion,
gender, handicap, sexual orientation, or ethnicity; or
(3)under circumstances that caused any victim of the underlying offense
to be intimidated and the victim, considering the manner in which the
offense was committed, reasonably believed either that (a) the offense
was committed with a purpose to intimidate the victim or any person or
entity in whose welfare the victim is interested because of race, color,
religion, gender, handicap, sexual orientation, or ethnicity, or (b) the
victim or the victim's property was selected to be the target of the offense
because of the victim's race, color, religion, gender, handicap, sexual
orientation, or ethnicity.
b.Permissive inference concerning selection of targeted person or property.
Proof that the target of the underlying offense was selected by the defendant,
or by another acting in concert with the defendant, because of race, color,
religion, gender, handicap, sexual orientation, or ethnicity shall give
rise to a permissive inference by the trier of fact that the defendant
acted with a purpose to intimidate an individual or group of individuals
because of race, color, religion, gender, handicap, sexual orientation,
or ethnicity.
c.Grading. Bias intimidation is a crime of the fourth degree if the underlying
offense referred to in subsection a. is a disorderly persons offense or
petty disorderly persons offense. Otherwise, bias intimidation is a crime
one degree higher than the most serious underlying crime referred to in
subsection a., except that where the underlying crime is a crime of the
first degree, bias intimidation is a first-degree crime and the defendant
upon conviction thereof may, notwithstanding the provisions of paragraph
(1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term
of imprisonment between 15 years and 30 years, with a presumptive term
of 20 years
d.Gender exemption in sexual offense prosecutions. It shall not be a
violation of subsection a. if the underlying criminal offense is a violation
of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance
specified in paragraph (1), (2) or (3) of subsection a. of this section
is based solely upon the gender of the victim.
e.Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other
provision of law, a conviction for bias intimidation shall not merge with
a conviction of any of the underlying offenses referred to in subsection
a. of this section, nor shall any conviction for such underlying offense
merge with a conviction for bias intimidation. The court shall impose
separate sentences upon a conviction for bias intimidation and a conviction
of any underlying offense.
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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