| Kenneth Vercammen's Law office represents individuals charged with criminal
and serious traffic violations throughout New Jersey.
If 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.
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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