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