Understanding the New Jersey Code of Criminal Justice § 2C:2-2 – General Requirements of Culpability

An aspect of Criminal Law that is often confusing to understand is how the level of culpability is determined under the New Jersey Code of Criminal Justice § 2C:2-2. What is important to understand about culpability as it is outlined in New Jersey Code of Criminal Justice § 2C:2-2 is that the statute is demonstrating what different degrees of culpability exist when determining the severity of a crime that has been committed, which can have an impact on the sentence period if an individual is convicted. Understanding the different degrees of culpability is essential when trying to have the most successful outcome of one’s case. In order to learn more about culpability as it is outlined in New Jersey Code of Criminal Justice § 2C:2-2, review the information below:

Definitions of Kinds of Culpability Under New Jersey Code of Criminal Justice § 2C:2-2

As stated in New Jersey Code of Criminal Justice § 2C:2-2, there are four different degrees of culpability that explained as follows:

Purposely

Purposely is outlined in the first section of New Jersey Code of Criminal Justice § 2C:2-2 as when an individual 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. When considering whether purposely is the level of an offense, phrases such as “with purpose,” “designed,” or “with design,” are applied to the crime that was committed. Purposely is one of the most common levels of culpability that is applied to Criminal cases in New Jersey.

Knowingly

Knowingly is the next level of culpability that is discussed in the second section of New Jersey Code of Criminal Justice § 2C:2-2. 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. Phrases such as “knowing” or “with knowledge” are applied to the crime that was committed. Knowingly is one of the most common levels of culpability that is applied to Criminal cases in New Jersey.

Recklessly

Recklessly is the next level of culpability that is outlined in the third section of New Jersey Code of Criminal Justice § 2C:2-2. A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation. When considering recklessly as a degree of culpability phrases such as “recklessness” or “with recklessness” are applied to the crime committed. Recklessly appears in crimes including but not limited to Manslaughter, Death by Auto, and Assault, among others.

Negligently

Negligently is the next level of culpability that is discussed in the fourth section of New Jersey Code of Criminal Justice § 2C:2-2. A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.  When deciding whether the crime committed reaches the standard of negligence, phrases such as “negligently” or “negligence” are applied to the nature of the crime committed. Crimes that are sufficient to satisfy the negligence standard are often the most rare in the State of New Jersey.

The Importance of Working with an Experienced Attorney in Your Upcoming Case

Given that there are many different levels of culpability outlined in the New Jersey Code of Criminal Justice § 2C:2-2, it is important to work with an experienced attorney within the State of New Jersey that has a fundamental understanding of the varying levels of culpability and how they can be applicable to your particular case. By doing so, you will be able to have the best possible strategy to present yourself in the most favorable light possible for your upcoming case.

How the Bianchi Law Group Can Help

At The Bianchi Law Group, LLC our firm primarily focuses on cases related to Criminal Defense, Municipal Court Matters, and Domestic Violence. Both partners Robert Bianchi and David Bruno are former prosecutors who prosecuted a wide range of criminal and domestic violence cases. The Bianchi Law Group, LLC is equipped with experienced Criminal Defense attorneys in New Jersey to help individuals looking for a New Jersey lawyer to obtain the best possible representation and legal outcome for their case.

Former Prosecutors and Trusted by the Media

The Bianchi Law Group, LLC partners Robert Bianchi and David Bruno are former prosecutors who have handled the investigations and prosecutions of crimes in New Jersey and are certified along with only 250 other attorneys as certified criminal trial attorneys by the New Jersey Supreme Court. Robert Bianchi and David Bruno have extensive experience related to Criminal Defense cases in New Jersey. Robert Bianchi and David Bruno regularly appear as national legal analysts to comment and debate all most major news networks such as: Fox News, CNN, HLN, MSNBC, Fox Business among others.

The Bianchi Law Group, LLC focuses on practice areas related to Domestic Violence, Criminal Defense, and Municipal Court matters. Contact us at 862-210-8570 to schedule a preliminary consultation to discuss how we can potentially assist you with your upcoming case.

The Bianchi Law Group, LLC has prepared the content for general informational purposes. The content should not be considered advice, recommendations, or an offer to perform services. You should not act upon any information without seeking professional legal counsel from an attorney licensed to practice law in your jurisdiction. No representations are being made as to the completeness or accuracy of the information. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice.