New Jersey Jury Instruction - Lesser Included Offense
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FAQ
You may be charged with third-degree aggravated assault if there is an attempt to cause bodily harm that does not rise to the point of second-degree aggravated assault. If you are charged with a third-degree aggravated assault, you may be sentenced to up to 5 years in prison and fines of up to $15,000.
Brief Synopsis: If the pleadings in a case allege facts supporting a lesser-included offense, the judge must give the jury instructions on lesser-included offenses and then the jury may find defendant guilty of lesser-included offense and maybe not the greater offense(s).
In New Jersey, there are four degrees of indictable criminal offenses. These degrees of crimes, from one through four, all fall within New Jersey's overarching category of felony-equivalent offenses. First-degree offenses are the most serious, and fourth-degree offenses are, relatively speaking, the least serious.
The most common variety of indictable felony shoplifting offense is third degree. A third degree shoplifting charge involves jail exposure of up to five (5) years and is therefore something that must be addressed seriously.
Third-degree criminal offenses: If found guilty of possession of cocaine, ecstasy, or heroin, possession of a handgun, certain thefts, aggravated assault, or another third-degree crime, you may be sentenced to serve up to 5 years in prison.
Generally, the penalties imposed for crimes in New Jersey are as follows: First Degree involves ten (10) to twenty (20) years in prison; Second Degree involves five (5) to ten (10) years in prison; Third Degree involves one (1) to five (5) years in prison; Fourth Degree involves up to eighteen (18) months in prison; and.
(N.J.S.A. 2C:2-9) 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/her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).