| Kenneth Vercammen's
Law office represents individuals charged with 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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