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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
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Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I need to know the classification (felony or misdemeanor) of

Resolved Question:

I need to know the classification (felony or misdemeanor) of New Jersey NJ2C2-6B
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

New Jersey Stat., Section 2C:2-6(b) is the enabling statute that allows a person who helped someone else commit a crime also be charged. However, that's not the statute that the person is charged with violating. An accomplice is charged with the same crime as the person who did it. That means that, if the underlying offense is a felony, the person will be charged with a felony, and if it's a misdemeanor, they'll be charged with a misdemeanor.

If you have a question about the offense that the person is charged with helping someone commit, I can look that up for you as well.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.


I was pled guilty to complicity to burglary and complicity to damage property in New Jersey in 1984, all other charges were dismissed.

Expert:  Lucy, Esq. replied 1 year ago.
Thank you.

If you admitted to using a weapon or threatening someone with bodily injury, burglary is a crime of the second degree. Otherwise, it's a crime of the third degree. New Jersey doesn't use the terms "felony" vs. "misdemeanor," but under the commonly accepted definition that a felony is a crime punishable by state imprisonment crimes of the second or third degree are felonies.

Property damage depends on the value of the property alleged to be damaged. If it was less than $500, then it's a disorderly persons offense, which is similar to a misdemeanor.

The best way to find out exactly what the judge convicted you of doing is to look at the court records, since you've already plead guilty.
Customer: replied 1 year ago.


On the records its says DEG: 0. I was given time served of 186Days , $500 fine and 3years probation. There were no weapons or threats and property was less than $500 (broken window)

Expert:  Lucy, Esq. replied 1 year ago.
That sounds as if you were convicted of a disorderly persons offense, since the degree is not 1-4. To be sure, you may want to see if you can get court records from the sentencing hearing, or look at your copy of the plea agreement. It should say.
Customer: replied 1 year ago.


Ok. Getting the records have been difficult because it was 30 years ago and my original attorney has long since passed away.


 

Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry to hear that.

Since New Jersey defines crimes as between first and fourth degree, and a disorderly persons offense is below a crime, the fact that no degree was listed suggests that it was a disorderly persons offense. If you need to be positive, it may be worth seeing if a local attorney can help you get the records from the court.
Customer: replied 1 year ago.


Thank you!


 

Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. Good luck.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21035
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Lucy, Esq.
Lucy, Esq.
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Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.