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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
2C:14-4. Lewdness
a. A person commits a disorderly persons offense if he does any flagrantly
lewd and offensive act which he knows or reasonably expects is likely
to be observed by other non consenting persons who would be affronted
or alarmed.
b. A person commits a crime of the fourth degree if:
(1) He exposes his intimate parts for the purpose of arousing or gratifying
the sexual desire of the actor or of any other person under circumstances
where the actor knows or reasonably expects he is likely to be observed
by a child who is less than 13 years of age where the actor is at least
four years older than the child.
(2) He exposes his intimate parts for the purpose of arousing or gratifying
the sexual desire of the actor or of any other person under circumstances
where the actor knows or reasonably expects he is likely to be observed
by a person who because of mental disease or defect is unable to understand
the sexual nature of the actor's conduct.
c. As used in this section:
"lewd acts" shall include the exposing of the genitals for
the purpose of arousing or gratifying the sexual desire of the actor or
of any other person.
Amended 1992, c. 8, s.1.
2C:14-5. Provisions generally applicable to Chapter 14 a. The prosecutor
shall not be required to offer proof that the victim resisted, or resisted
to the utmost, or reasonably resisted the sexual assault in any offense
proscribed by this chapter.
b. No actor shall be presumed to be incapable of committing a crime under
this chapter because of age or impotency or marriage to the victim.
c. It shall be no defense to a prosecution for a crime under this chapter
that the actor believed the victim to be above the age stated for the
offense, even if such a mistaken belief was reasonable.
L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979.
2C:14-6. Sentencing If a person is convicted of a second or subsequent
offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under
those sections for the second or subsequent offense shall, unless the
person is sentenced pursuant to the provisions of 2C:43-7, include a fixed
minimum sentence of not less than 5 years during which the defendant shall
not be eligible for parole. The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or subsequent
offender pursuant to this section. For the purpose of this section an
offense is considered a second or subsequent offense, if the actor has
at any time been convicted under sections 2C:14-2 or 2C:14-3a. or under
any similar statute of the United States, this state, or any other state
for an offense that is substantially equivalent to sections 2C:14-2 or
2C:14-3a.
L.1978, c. 95, s. 2C:14-6, eff. Sept. 1, 1979.
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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