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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
Under N.J.S.A. 2C:33-4, a person commits the offense of harassment if, "with
purpose to harass" he:
a. Makes, or causes to be made, a communication or communications anonymously
or at extremely inconvenient hours, or in offensively coarse language,
or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive
touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly
committed acts with purpose to alarm or seriously annoy such other person.
Thus, "integral to a finding of harassment under either section
is the establishment of the purpose to harass . . . ." Corrente v.
Corrente, 281 N.J. Super. 243, 249 (App. Div. 1995).
As was emphasized in Corrente, it is not sufficient that plaintiff feel
alarmed or threatened. Id. at 249. Plaintiff's subjective feelings are
not a substitute for the required judicial finding of intent to harass
by the defendant.
In a deeply dysfunctional marriage, it is not uncommon for emotions to
boil over, and for angry words to be hurdled about, often peppered with
profanities. Under similar circumstances, we have held that a husband's
statement that he would bury his wife, uttered after she announced her
intention to obtain a divorce, did not constitute harassment. Peranio
v. Peranio, 280 N.J. Super. 47, 56 (App. Div. 1995). Even the exchange
of vulgarities on numerous occasions and inappropriate expressions of
anger, including kicking a garbage can in the presence of the parties'
young children, is not harassment. J.N.S. v. D.B.S., 302 N.J. Super. 525,
527 (App. Div. 1997).
Finding a party guilty of having committed an act of domestic violence
is a serious matter. We have repeatedly held that domestic violence restraining
orders have serious consequences to a defendant, and therefore should
not be entered without an adequate factual basis. Chernesky v. Fedorczyk,
346 N.J. Super. 34, 41 (App. Div. 2001). The absence of the statutorily
required judicial finding compels a court to vacate the restraints imposed
by the court.
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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