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I need to know the classification (felony or misdemeanor) of

New Jersey NJ2C2-6B...
I need to know the classification (felony or misdemeanor) of New Jersey NJ2C2-6B
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Answered in 3 minutes by:
11/14/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 31,012
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
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.
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Customer reply replied 4 years ago


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

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.
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Customer reply replied 4 years 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)

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.
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Customer reply replied 4 years ago


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


 

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.
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Customer reply replied 4 years ago


Thank you!


 

You're welcome. Good luck.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 31,012
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 31,012
31,012 Satisfied Customers
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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