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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
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Cranbury, NJ 08512
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CLAIM OF RIGHT THEFT 2C:20-2c(2)) model jury charge

CLAIM OF RIGHT DEFENSE TO THEFT OFFENSES

(N.J.S.A. 2C:20-2c(2))model jury charge

In addition tohis/hergeneral denial of guilt, the defendant contends thathe/sheis not guilty of (insert appropriate offenses such as theft or receiving stolen property) becausehe/shewas acting pursuant to a claim of right to the property.

Our law provides that it is a defense to prosecution[1]for (insert appropriate charge such as theft or receiving stolen property) that the defendant acted under an honest claim of right to the property (or service) involved or thathe/shehad a right to acquire or dispose of the property ashe/shedid. An honest claim is one that is genuinely, though not necessarily correctly, believed by the defendant.

This defense, you should note, is not limited to situations in which a defendant believedhe/sheowned the property.[2]Rather, it includes those situations in which the defendant honestly, although not necessarily correctly, believed thathe/shehad either the right or the authorization to receive, take, acquire, or dispose of the property.

As I have mentioned to you, since this is a criminal case the burden of proof is on the State. The defendant is, therefore, not required to prove thathe/sheacted pursuant to a claim of right; rather the burden is on the State to prove that the defendant did not act pursuant to a claim of right. Thus, if the State has proven all the elements of (insert offense) beyond a reasonable doubt and has also proven beyond a reasonable doubt that the defendant did not honestly believe thathe/shehad a right to the property or was authorized to receive, take, acquire, or dispose of the property, then you must find the defendant guilty of (insert offense).

On the other hand, if the State has failed to prove beyond a reasonable doubt one or more elements of (insert offense) or if the State has failed to prove beyond a reasonable doubt that the defendant did not honestly believehe/shehad a right to the property or was authorized to receive, take, acquire, or dispose of the property, then you must find the defendant not guilty.



[1]The statute literally states that a claim of right is an affirmative defense, but when the charge is given the term affirmative should be deleted in order to avoid any suggestion that the defendant bears the burden of proof. However, since the defense is an affirmative one, the charge should only be given when there is some evidence which would support it.N.J.S.A. 2C:1-13b(1).SeeState v. Ippolito, 287N.J. Super. 375 (App. Div. 1996) where the Court found an evidential basis for this charge in the defendants testimony that his co-defendant told him that the co-defendants boss had approved his taking of the property. (Id. at 378).

[2]State v. Ippolito,supra.


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.NJLaws.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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Kenneth Vercammen & Associates, P.C.
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Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates



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