Culpability in New Jersey Criminal Cases
Criminal Defense Attorney in Clifton, New Jersey
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Clifton, Paterson, Wayne, and Passaic, who have been charged with criminal offenses such as burglary, terroristic threats, and endangering the welfare of a child. Ms. Hascup is a battle-tested criminal defense lawyer who can assist you with case-related issues and attack the criminal charges against you, putting you in a position to achieve the best possible result.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She was a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you. Contact her office anytime for an initial consultation, which is always provided free of charge.
Culpability Requirements in New Jersey: N.J.S.A. 2C:2-2
Culpability – Requirements. N.J.S.A. 2C:2-2 provides:
a. Minimum Requirements of Culpability. 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.
- 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.
- 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.
- Recklessly. 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. “Recklessness,” “with recklessness” or equivalent terms have the same meaning.
- Negligently. 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. “Negligently” or “negligence” when used in the Criminal Code, shall refer to the standard set forth in this section and not to the standards applied in civil cases.
Ms. Hascup knows the nuances of the law and will use her knowledge to your advantage. Often times, criminal cases can be defeated because the actor did not have the required “culpability” to be found guilty.
Contact a Paterson NJ Criminal Defense Lawyer Today
If you find yourself in a situation where you or a loved one have been charged with a criminal offense as a result of a domestic violence or other related incident, the consequences can be serious. Contact Ms. Hascup for more information. Your initial consultation is free of charge.