Culpability in New Jersey Criminal Cases
Criminal Defense Attorney in Denville, New Jersey
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Morris County, Passaic County, Essex County, and Bergen County, 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 attack the criminal charges against you, putting you in a position to achieve the best possible result. 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 Morris County NJ Criminal Defense Lawyer Today
If you find yourself in a situation where you or a loved one have been charged with a crime, the consequences can be serious. Contact Ms. Hascup to discuss your case. Your initial consultation is free of charge.