RECKLESS ENDANGERMENT—N.J.S.A. 2C:12-2
If you’ve been charged with violation of 2C:12-2, (Reckless endang)if convicted, you have exposure for jail time, punishing monetary fines and criminal record. I have been practicing law for 26 plus years and have successfully handled many similar type cases. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF CONDUCT CONSTITUTING THE OFFENSE:
You have just scored a first date with a super attractive woman. Word around town is that she does not sleep around. She obviously has some good values and self respect, but you have zero. All you know is you’re going to get into her pants tonight no matter what it takes. You decide you will take her to a lounge where they serve martinis and have live music and then drive her home. Just to be on the safe side you bring a few “roofies” with you to ensure your success. As the evening wanes on you get the distinct feeling that she is not willingly “giving it up” tonight. So you order her a second martini and you flawlessly slip the “roofy” in her drink with the intention of getting her so buzzed that you will be able to take her home and easily have your way with her. The plan works! She becomes drowsy and you drag her out to your car and relieve her of her clothing and her chastity. Have you just committed more then one serious criminal offenses?
THE ACTUAL LAW — RECKLESS ENDANGERMENT
a. “A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel commits a crime of the third degree.
b. A person commits a crime of the fourth degree if he:
(1) Manufactures or sells a golf ball containing acid or corrosive fluid substance; or
(2) Purposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift, food, drink or other substance that is intended to be consumed which is poisonous, intoxicating, anesthetizing, tranquilizing, disorienting, deleterious or harmful to the health or welfare to such person, without the knowledge of the other person as to the identity and effect of the substance, except that it is a crime of the third degree if the actor violates the provisions of this paragraph with the purpose to commit or facilitate the commission of another criminal offense.
Notwithstanding the term of imprisonment provided under N.J.S.A. 2C:43-6, and
the provisions of subsection e. of N.J.S.A. 2C:44-1, if a person is convicted of a
crime of the fourth degree under paragraph (2) of this subsection, the sentence
imposed shall include a fixed minimum sentence of not less than six months
during which the defendant shall not be eligible for parole. If a person is convicted
of a crime of the third degree under paragraph (2) of this subsection, the sentence
imposed shall include a fixed minimum sentence of not less than eighteen months
during which the defendant shall not be eligible for parole. The court may not
suspend or make any other noncustodial disposition of that person.
Notwithstanding the provisions of N.J.S.A. 2C:1-8 or any other provision of law,
a conviction arising under this subsection shall not merge with a conviction for
any offense that the defendant intended to commit or facilitate, when the defendant
violated the provisions of this subsection, nor shall any such other conviction
merge with a conviction under this section. Notwithstanding the provisions of
N.J.S.A. 2C:44-5 or any other provision of law, the sentence for a crime of the
third degree imposed pursuant to this paragraph shall be ordered to be served
consecutively to that imposed for a conviction of the offense that the defendant
intended to commit or facilitate when the defendant violated the provisions of this
subsection.”
The answer to the questions is YES. You violated section (b)(2) when you “purposely” N.J.S.A.2C:2-2(1) laced her drink with an intoxicant that caused her to become tranquilized and intoxicated and you did so without her knowledge or consent. That is at least a fourth degree crime, punishable by the imposition of monetary fines of up to $10,000.00, plus definite jail time of a minimum of six (6) months and a maximum of eighteen (18)months, plus a felony criminal record. N.J.S.A. 2C:43-3(b) However, your offense would be elevated to that of a third degree crime, punishable by the imposition of monetary fines of up to $15,000.00, plus jail time of not less than three (3) years nor more than five (5) years, plus a criminal record, because you committed this act “..with intent to “…commit or facilitate the commission of another criminal offense.”, e.g., aggravated sexual assault, which is itself a crime of the second degree, punishable by monetary fines of up to $150,000.00, plus a presumption of incarceration (jail time) of not less than five (5) years and not more than ten (10) years. N.J.S.A. 2C:43-3(a) Furthermore, the sentences for each must be served consecutively bringing your total minimum exposure for jail time to six (6) years and six (6) months, and you maximum exposure for jail time to eleven (11) years, six (6) months.See State v. Difrisco, 142 N.J. 148 (1995).
This is nothing to mess around with. If you’ve been charged with reckless endangerment you need to retain the services of a skilled and experienced attorney immediately. Contact me for help at (732)-337-7922…
