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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
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DAMAGE (N.J.S.A. 2C:17-2c) model jury charge

RECKLESSLY RISKING WIDESPREAD INJURY OR DAMAGE(N.J.S.A.2C:17-2c)model jury charge

Countof the indictment charges the defendant with recklessly creating a risk of widespread injury or damage in violation of a statute which provides as follows:

A person who recklessly creates a risk of widespread injury or damage commits a crime. . .even if no such injury or damage occurs.

In order for the defendant to be found guilty of recklessly creating a risk of widespread injury or damage, the State must prove the following elements beyond a reasonable doubt:

(1)that the defendant created a risk of widespread injury or damage; and

(2)that the defendant acted recklessly.

The first element the State must prove beyond a reasonable doubt is that the defendant created a risk of widespread injury or damage.The term widespread injury or damage means serious bodily injury to five or more people or damage to five or more habitations or to a building which would normally have contained 25 or more persons at the time of the offense.Serious bodily injury means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The second element the State must prove beyond a reasonable doubt is that the defendant acted recklessly.A person acts recklessly with respect to the nature ofhis/herconduct or a result thereof whenhe/sheconsciously disregards a substantial and unjustifiable risk.The risk must be of such a nature and degree that, considering the nature and purpose of the actors conduct andthe circumstances known tohim/her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actors situation.[1]

You must realize that recklessness is a state of mind which cannot be seen but can only be determined by drawing inferences from ones conduct, words or actions, and from all of the surrounding circumstances.It therefore is not necessary for the State to produce witnesses to testify that the defendant saidhe/sheknew or believed thathe/shewas acting recklessly.His/Herstate of mind is to be determined by you after you examinehis/herconduct and actions, all that was said or done at that particular time and place, and all the surrounding circumstances.

If the State has failed to prove any one or more of the elements as I have described them to you beyond a reasonable doubt, you must find the defendant not guilty of recklessly creating a risk of creating widespread injury or damage.If the State has proven each element beyond a reasonable doubt, you must find the defendant guilty of the crime of recklessly causing widespread injury or damage.

[CHARGE IF APPROPRIATE]

This count of the indictment also alleges that [the risk of widespread injury or damage resulted from the reckless handling or storage of hazardous materials] and/or that [the handling or storage of hazardous materials violated any law, rule or regulation intended to protect the public health and safety].[2]If you find that the State has proven each of the elements I have previously described beyond a reasonable doubt, then you must determine whether it has also proven, beyond a reasonable doubt, that [the risk of widespread injury or damage resulted from the reckless handling or storage of hazardous materials] and/or that [the handling or storage of hazardous materials violated any law, rule or regulation intended to protect the public health and safety].



[1]SeeN.J.S.A.2C:2-2b(3).

[2]Advise the jury of the law, rule or regulation charged in the indictment.

   
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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.KennethVercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

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Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates



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