2C:17-3 Criminal mischief penalty

2C:17-3  Criminal mischief penalty

4th degree  0- 18 months       $10,000             1 year- 5 year

3rd degree  3- 5 years           $15,000             1 year- 5 year

Disorderly person criminal offenses- in Municipal Court

Jail 2C: 43- 8            jail  6 month maximum 

                                probation 1-2 year max                         

                                community service  180 days maximum  

                               

Disorderly- fines:    $1,000 Fine  maximum under 2C: 43- 3

                                    plus mandatory costs, VCCO and other penalties                          

         There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.         

2C:17-3 a. Offense defined. A person is guilty of criminal mischief if he:

(1)Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or

(2)Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.

b.Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.

(2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2000.00.  It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.

(3)Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term "physical disruption" does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility.

(4)Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

(5)Criminal mischief is a crime of the fourth degree if the actor interferes or tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.

(6)Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.

(7)Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes a substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public service.  Criminal mischief is a crime of the second degree if the substantial interruption or impairment recklessly causes death.

(8)Criminal mischief is a crime of the fourth degree if the actor purposely or knowingly breaks, digs up, obstructs or otherwise tampers with any pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cable or appurtenances.

c.A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate.  If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.

d.As used in this section:

"Act of graffiti" means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.

e.A person convicted of an offense of criminal mischief that involves the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings, may, in addition to any other penalty imposed by the court, be required to pay to the owner of the property monetary restitution in the amount of the pecuniary damage caused by the damage or destruction.

   Criminal Indictable and Disorderly Offense  Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8            jail  6 month maximum 

                                probation 1-2 year max                                         

                                community service  180 days maximum  

                               

Disorderly- fines:    $1,000 Fine  maximum under 2C: 43- 3

                                    plus mandatory costs, VCCO and other penalties                          

         There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.         

         Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, plus usual Probation, drug testing, DNA testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000. 

-Petty Disorderly person- 30 days jail   maximum

Petty DP $500 max Fine, VCCB and other penalties

         Indictable Crime Penalties    [Felony type]  [ Superior Court]

                  Jail potential        Fine max            Probation

1st degree  10- 20 years       $200,000           [presumption of jail]

2nd degree5-10 years          $150,000           [presumption of jail]

3rd degree  3- 5 years           $15,000             1 year- 5 year

4th degree  0- 18 months       $10,000             1 year- 5 year

  There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

         If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!  

 Purposely

2C:2-2 . General requirements of culpability

 a.  Minimum requirements of culpability.    Except as provided in subsection c.(3) of this section, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

      b.  Kinds of culpability defined.

   2C:2-2 b (1)  Purposely.  A person acts purposely with respect to the nature of his conduct or a result thereof if it is his conscious object to engage in conduct of that nature or to cause such a result.  A person acts purposely with  respect to attendant circumstances if he is aware of the existence of such  circumstances or he believes or hopes that they exist. "With purpose," "designed,"  "with design"  or equivalent terms have the same meaning.

 2C:2-2 b (2)  Knowingly.   A person acts knowingly with respect to the nature of his conduct or the attendant circumstances if he is aware that his conduct is of that nature, or that such circumstances exist, or he is aware of a high probability of their existence.  A person acts knowingly with respect to a result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. "Knowing,"  "with knowledge"  or equivalent terms have the same meaning.

Research by:  KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

 2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

More information on Fines, jail and penalties on website: www.njlaws.com 

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         Past NJSBA “Municipal Court Attorney of the Year”

Former Prosecutor of Cranbury Municipal Court 

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