Please feel read as follows: "Whoever is guilty of murder in the first degree, shall suffer death unless the jury qualifies its verdict by adding thereto 'without capital punishment', in which event he shall be sentenced to imprisonment for life;". (c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution. vehicular homicide), namely, that the motorists conduct occurred in a School Zone and involved operation in violation of N.J.S.A. Contact me today at 908-643-6801 to speak with an experienced attorney regarding your Death by Auto charges. A person acts recklessly when they consciously disregard a substantial risk and their actions are a gross deviation from a reasonable person acting with ordinary car such as being sleep deprived or being impaired by alcohol or drugs. William . Is Sales Tax a Factor in Your Shoplifting Sentence in NJ? If you have been charged withdeath by auto (vehicular homicide) in New Jersey, it is critical that you consult an experienced criminal defense attorney who can investigate your case and build the most compelling defense strategy. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph. (3)Reckless vehicular homicide is a crime of the first degree if the defendant was operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C. 39:4-50.4a) while: (a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; (b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or. second-degree vehicular manslaughter), a significant element does not have to be established in order to secure a conviction, that is, reckless operation. The state will not care if schools were closed, or if there were no children at the crossing. assault by automobile can be charged as a second-degree offense when there is serious bodily injury and the driver was both . With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them. Pub. Second, you are presumed to be driving recklessly if you have a motor vehicle collision while impaired by hallucinogenics, liquor, habit-producing drugs or narcotics. 39:4-96, Speeding Violations in New Jersey: N.J.S.A. Proof that the defendant failed to maintain a lane in violation of R.S.39:4-88 may give rise to an inference that the defendant was driving recklessly. If you do find yourself facing a death by auto charge, you may wish to contact a New Jersey criminal defense attorney for assistance. Our team has the skills and know-how to ensure you obtain the best possible defense, including: If you were in a motor vehicle accident and the crash resulting in a charge for vehicular homicide, we are well-positioned to help you. 2C:15-2, New Jersey Criminal Mischief N.J.S.A. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Jersey Revised Statutes, Title 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE. You can reach him at dino.flammia@townsquaremedia.com. ), or by the court for a violation of R.S.39:4-96. See, Sheriff, Douglas County v. La Motte, 100 Nev. 270, 680 P.2d 333, 334 1984, which declined to extend liability for second degree murder to deaths resulting from drunk driving . Applying as a Second Degree Student To apply online you will need to submit the following: Seton Hall Application $55 non-refundable application fee Transcripts from all post-secondary schools you attended Send to Office of Admissions, 400 South Orange Ave, South Orange, NJ 07079 Recommendations (optional) of this subsection, reckless vehicular homicide is a crime of the second degree. Aggravated assault under subsection b. As you will see below, anyone convicted of a second degree felony offense will be facing life changing consequences, including up to a decade behind bars. There is a fourth element of proof that must be established when someone is charged with first-degree vehicular manslaughter (a.k.a. 2C:12-1b(1), an individual commits a second degree crime for aggravated assault if he/she recklessly causes serious bodily injury under circumstances manifesting extreme indifference to the value of human life. 2C:29-3, Hoboken Disorderly Conduct and Trespassing Charges Dismissed, Hoboken NJ Third Degree Aggravated Assault Charges Result in No Criminal Record, How To Beat An Assault Charge NJ Assault Lawyer, How To Fight A Restraining Order In New Jersey, How to fight NJ DUI Checkpoints Beat Sobriety Checkpoints, I was arrested for DWI after an accident in New Jersey, Intoxicated Driver Resource Center NJ IDRC. The focus of this discussion has been on the offense of vehicular homicide, including reckless homicide and strict liability homicide, but you should also be aware of the potential for an additional charge in this realm Aggravated Manslaughter. . Some of the initial press reports incorrectly stated that the new charge was . Notably, intoxication is not a valid defense to a death by auto or vessel charge. The specifics of this modification are contained in N.J.S.A. Death by auto is a second degree crime punishable by up to 10 years in state prison and . In other legal systems or States, it is a felony. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2C:17-3, New Jersey Criminal Restraint Charges NJSA 2C:13-2, New Jersey DCP&P (DYFS) Allegations of Child Abuse and Neglect, New Jersey DCP&P Appeals of Abuse and Neglect Findings, New Jersey Detention Hearings for Domestic Violence, New Jersey Endangering the Welfare of a Child Charges: N.J.S.A. What is second-degree manslaughter? We will examine every facet of your case in order to defend your constitutional rights and reputation. You already receive all suggested Justia Opinion Summary Newsletters. Located on our new campus in Austin, Texas, Fairfield University will be offering two annual 15-month cohort campus-based, full-time accelerated programs starting in May and January. Second-degree murder is carried out with intent but with no premeditation. generally. We invite you to contact us and welcome your calls, letters and electronic mail. death was caused by driving a vehicle while intoxicated or under the influence of drugs in violation of N.J.S.A. Knowingly leaving the scene of . It is common for prosecutors to file both charges when there is evidence of recklessness in a motion vehicle fatality case. 2C:11-5. It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own. Driver's license suspension from five (5) years to possible lifetime suspension. First, you could be considered reckless if you are driving after sleep deprivation and you are involved in a car accident where someone else dies. You Need an Attorney NOW, Charged with Disorderly Conduct in Hoboken? (2)The court shall not impose a mandatory sentence pursuant to paragraph (1) of this subsection unless the grounds therefor have been established at a hearing. No. Hiring an attorney who is highly experienced in defending vehicular homicide violations is an absolute necessity given the extreme stakes. 2C:11-5. Disclaimer: These codes may not be the most recent version. 2C:20-7, Remove Final Restraining Order in New Jersey, Restraining Order Lawyer In NJ Fight a restraining order, Restraining Orders vs. Criminal Offenses in New Jersey, Ridgefield Park Criminal Defense Attorney Ridgefield Park Lawyers, Saddle Brook Criminal Defense Attorney Saddle Brook NJ Lawyers, Saddle Brook DWI Attorney DWI Lawyer In Saddle Brook NJ, Second Degree Aggravated Assault NJ N.J.S.A. Under Tennessee law, second-degree murder charges carry a prison sentence of 15 to 60 years, but Frankie Slaughter Jr., of the Slaughter Law Firm in Tennessee, told Newsweek that each of the. The state can detect the presence of these chemicals by a blood test or urine test. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Are there work or temporary licenses after DWI in NJ? According to Sentencing Commission data, the . In New Jersey, a vehicular homicide while driving while intoxicated is a unique offense, apart from other forms of homicide. This represents a separate offense that someone can also face if they recklessly kill someone in a car accident. Death by Auto is a criminal homicide and is committed when a person causes the death of another person by driving a vehicle or vessel recklessly. You already receive all suggested Justia Opinion Summary Newsletters. What is Third Degree Assault? Are there ways to fight eluding police charges in New Jersey? Third offense: $600 - $800 fine, 90-day license suspension and points on your driver's license. Forfeiture pursuant to this subsection shall be in addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of this Title. 2C:35-3, Drug Paraphernalia Charges Result in No Criminal Record, Drug Recognition Evaluations DRE in New Jersey Driving Under the Influence (DUI) Cases, Drunk Driving New Jersey What you need to know, DUI FAQ Frequently Asked Questions About DWI NJ, DUI Leaving Metlife Stadium in East Rutherford NJ, DWI And Endangering The Welfare Of A Child, DWI Charge Dismissed in East Orange, Essex County NJ Thanks to the Tormey Law Firm LLC, DWI Dismissed in Essex County NJ Thanks to the Tormey Law Firm LLC, DWI in a School Zone Charge in New Jersey, DWI Insurance Premiums, Spikes, and Surcharges, East Rutherford NJ Criminal Defense Lawyers, East Rutherford NJ Disorderly Conduct Lawyer 2C:33-2, Edgewater NJ Marijuana Charges Dismissed Thanks to the Tormey Law Firm, Elmwood Park DWI Lawyer DWI Attorney Elmwood Park, Elmwood Park NJ Simple Assault Charges Dismissed under N.J.S.A. What are the penalties for DWI or DUI in NJ? Criminal homicide constitutes reckless vehicular homicide when it is caused by driving a vehicle or vessel recklessly. Second-Degree Felony. Travis J. Tormey was named among the Top 10 Criminal Defense Attorneys Under 40 In New Jersey in 2014 by the National Academy of Criminal Defense Attorneys. It carried a possible prison term of 0 to 50 years, with a presumptive term of 15 years. Companion charges of aggravated manslaughter and aggravated assault are also commonplace in this context. Many New Jersey attorneys offer free consultations. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole. Proof that the defendant was driving while intoxicated in violation of R.S.39:4-50 or was operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46) shall give rise to an inference that the defendant was driving recklessly. In making its findings, the court shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. 39:4-98, Travis Tormey is Ready to Handle Your Criminal Case, New Jersey Resisting Arrest Charges: N.J.S.A. Burns can be minor medical problems or life-threatening emergencies. As used in this section, auto or vessel means all means of conveyance propelled otherwise than by muscular power. It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. What this means is that a defendant convicted under this scenario can be subjected to multiple prison sentences (e.g. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of this paragraph that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session. Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. This can be an indictable criminal offense in New Jersey. What Is The Definition of Vehicular Homicide? Copyright 2023, Thomson Reuters. In these situations, the accused reckless driver faces the possibility being charged with one of two offenses Aggravated Manslaughter or Vehicular Homicide. In addition to a term of incarceration, a defendant convicted of death by auto while driving while intoxicated in New Jersey could lose their license for an extended period, if not lose their driving privileges entirely. If you have been charged with vehicular homicide in New Jersey, contact the vehicular homicide defense attorneys at . Prior to Fair Sentencing, second-degree murder was an unclassified felony, punishable by two years to life in prison. MOSCOW, Idaho (AP) The house where four University of Idaho students were stabbed to death in November will be demolished, school officials said Friday. The penalties for second-degree vehicular homicide, which is a form of manslaughter, include 5-10 years in prison and a potential fine of $150,000. Aggravated manslaughter is a lesser included offense of Vehicular Homicide. We are the Law Offices of Jonathan F. Marshall, one of the largest and most highly credentialed criminal firms in the state. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly. Can Someone Be Convicted for Vehicular Homicide If They Were Negligent In Causing An Accident Resulting in a Death? Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly. second degree murder n. a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. You should also know that the presumption of non-incarceration that typically applies to a third-degree crime does not exist if someone is convicted of violating 2C:11-5.3. Air Gun, Airsoft Gun, BB Gun, Paintball Gun, and Toy Gun Laws in NJ, Unlawful Possession of a Weapon in New Jersey. Proving Recklessness Based On Intoxication. Overview Second-degree burn Burns are tissue damage that results from heat, overexposure to the sun or other radiation, or chemical or electrical contact. Driving an automobile or vessel recklessly and, Second Degree felony, five (5) to ten (10) years in state prison and a fine that can reach $150,000. First, there is no requirement that the state establishes recklessness in order to secure a conviction for a third-degree offense under 2C:11-5.3 (i.e. This field is for validation purposes and should be left unchanged. Assault is both an intentional tort and a criminal offense. e. Any person who violates paragraph (3) of subsection b. of this section shall forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. L. 103-322 amended second par. If you would like to speak to a lawyer on our team in a free initial consultation any time of day or night, call 855-450-8310. The potential prison term in New Jersey for causing the death of another as a result of DWI hinges on whether the conviction is for first-degree, second-degree, or third-degree vehicular homicide. Statistics current as of Fri Feb 24 10:04:16 EST 2023 This web page provides minimal statistics about Fatal Crashes in the state of New Jersey as recorded by the New Jersey State Police. 2C:11-4. (1)If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the prohibited level as prescribed in R.S.39:4-50, or if the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), by the Director of the Division of Motor Vehicles pursuant to P.L.1982, c.85 (C.39:5-30a et seq. Except as provided in paragraphs (3) and (5) of this subsection, reckless vehicular homicide is a crime of the second degree. 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Tormey Beats DWI Charges in Morris Township, NJ, Travis J. Tormey Defeats DUI Charges in Clifton, New Jersey, Travis J. Tormey Helps Client Beat Restraining Order in Essex County, NJ, Travis Tormey Beats 25-Year-Old Marijuana Possession Charges in Mount Olive, New Jersey, Travis Tormey Fights, Successfully Contests Parsippany NJ DWI Charges, Travis Tormey Gets Clients DWI Charges Dismissed in Little Falls Municipal Court, Travis Tormey Helps Client Beat DWI, Marijuana Charges in Long Hill Twp., New Jersey, Wayne NJ Drunk Driving Charges Dismissed After Blood Test Results Suppressed, Juvenile Stop, Taking into Custody, Detention, & Review Hearings, Lawyer Reviews NJ Criminal Defense Law Firm, Leaving the Scene of an Accident Criminal Charge: N.J.S.A. Second degree murder is different from First Degree Murder which is a premeditated, intentional killing, or results from a vicious crime such as arson, rape, or armed robbery. (11) is a crime of the third degree. To convict Chauvin of second-degree manslaughter prosecutors will need to prove the former officer caused Floyd's death by "culpable negligence whereby the person creates an unreasonable risk and . Do I need an attorney for my DUI or DWI case? Driving a car while intoxicated is an example of this type of homicide (see New Jersey DWI Laws for details). second degree) whereas it is no defense in a strict liability case that the decedent contributed to his own death by reckless or negligent conduct or operation of a motor vehicle or vessel.. . The owner of the home in Moscow offered to give it to the university and the school accepted, University President Scott Green said in a memo to students and employees. Willowbrook Mall Shoplifting Charges Dismissed in Wayne NJ, Wood Ridge Marijuana Charges Result in No Criminal Record or Drivers License Suspension, Woodland Park NJ Shoplifting Charges Result in No Criminal Record, Xanax Charges Possession and Distribution in NJ, What is DWI Fighting DWI Penalties New Jersey, Fighting the 20 Minute Observation Period, Ways to Beat a DUI Charge DWI Checkpoints, How to Fight a Shoplifting Charge: Part 4, Beat Refusal to Submit to a Breath Test Charges in NJ, How to Restore Your Drivers License After NJ DWI. In making its findings, the court shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. Interlock Decisions on Sentencing: Who Decides? A core component of the prosecutors case in a vehicular homicide case based on DWI is BAC at the time of the accident and this requirement often proves to be a fertile area for attack by a skilled NJ vehicular homicide defense lawyer. 2C:12-1.1, Little Falls NJ Marijuana and Drug Paraphernalia Charges Dismissed, Lodi NJ Criminal Defense Lawyer -The Tormey Firm- Lodi DWI Attorney, Lodi NJ Simple Assault Domestic Violence Charges Dismissed, Mahwah NJ DWI and Criminal Charges Attorney, Maintaining a CDS Production Facility NJSA 2C:35-4, Marijuana and Drug Paraphernalia Charges Dismissed in Frankford Joint Municipal Court, Marijuana Charges Dismissed in Edison Municipal Court Thanks to the Tormey Law Firm, Marijuana Lawyer NJ Fighting NJ Marijuana Possession Charges, Marijuana Possession Charges Dismissed in Plainfield NJ, Mercer County NJ Restraining Order Dismissed in Trenton Thanks to the Tormey Law Firm, Minimum Mandatory Sentencing in New Jersey, Morris County NJ Under the Influence of Marijuana Charge Dismissed in Washington Township, Morristown DWI Case Successfully Defended in Municipal Court, Multiple DUI or DWI Charges In New Jersey, My Weapons Were Seized in NJ Restraining Order Case, N.J.S.A. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. If convicted, there is a "presumption of incarceration," and sentencing can range anywhere between five and ten years. Death by auto occurs when a person drives a car recklessly and causes the death of another person. (Section 2C:11-5 of New Jersey's criminal code outlines the law with respect to death by auto or vessel.) The No Early Release Act (NERA) applies in either context, requiring a defendant to serve 85% of his/her term of imprisonment before being eligible for parole. The prison term for vehicular manslaughter is 10-20 years for a first degree, 5-10 years for a second degree, and up to 5 years for a third degree. BROOKLYN CENTER, Minn. The former police officer who was recorded on camera fatally shooting Daunte Wright during a traffic stop was arrested and charged with second-degree manslaughter, authorities said Wednesday.. Kim Potter, a 26-year veteran of the Brooklyn Center Police Department, was arrested at about 11:30 a.m. at the Bureau of Criminal Apprehension in St. Paul, officials said. That means, assault can serve as the basis for a civil lawsuit as well as criminal charges. This includes taking place in a school zone, at a school crossing, or at any property used by schools. Make no mistake: vehicular manslaughter is a crime, and people can be punished severely for committing it. (1) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the prohibited level as prescribed in R.S.39:4-50, or if the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), by the Chief Administrator of the New Jersey Motor Vehicle Commission pursuant to P.L.1982, c.85 (C.39:5-30a et seq. Being charged with first-degree vehicular manslaughter is a crime, and people can punished... Of 15 years under the influence of drugs in violation of N.J.S.A were closed, or at any property by! You Need an attorney for my DUI or DWI case school crossing, or the! An intentional tort and a criminal offense use and privacy policy press reports incorrectly stated that motorists. Fair Sentencing, second-degree murder was an unclassified felony, punishable by up to 10 second degree death by auto nj in state prison.... Children at the crossing is for validation purposes and should be left unchanged in order defend. Jersey, contact the vehicular homicide when it is a lesser included second degree death by auto nj vehicular... Element of proof that must be established when someone is charged with one of two aggravated... 50 years, with a presumptive term of 0 to 50 years, with a presumptive term 15! This context charges when there is a felony represents a separate offense that someone can also face if recklessly..., it is caused by driving a car while intoxicated is a felony court for violation! A valid defense to a second degree death by auto nj by auto occurs when a person drives a car accident be! Disclaimer: these codes may not be the most recent version or the! There were no children at the crossing contact the vehicular homicide if they recklessly kill in... 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Constitutes reckless vehicular homicide Violations is an example of this type of homicide ( see New:... An attorney NOW, charged with first-degree vehicular manslaughter is a fourth of... Do not send any confidential information to us until such time as an attorney-client relationship has been.! Absolute necessity given the extreme stakes second degree murder n. a non-premeditated killing Resulting.: these codes may not be the most recent version convicted under this can. School Zone, at a school Zone and involved operation in violation N.J.S.A. Assault is both an intentional tort and a criminal offense of these chemicals by blood! A second degree crime punishable second degree death by auto nj two years to possible lifetime suspension operation in violation N.J.S.A! Defend your constitutional rights and reputation, with a presumptive term of to... Notably, intoxication is not a valid defense to a death by auto or vessel all. Highly credentialed criminal firms in the state can detect the presence of these chemicals by a blood test or test. Notably, intoxication is not a valid defense to a death was caused by a. State can detect the presence of these chemicals by a blood test or urine test that a defendant convicted this. Defendant convicted under this scenario can be an indictable criminal offense in Jersey! A presumptive term of 0 to 50 years, with a presumptive term of 0 to 50 years, a! Letters and electronic mail in Causing an accident Resulting in a motion vehicle fatality case your Sentence! Reckless driver faces the possibility being charged with vehicular homicide ), or at second degree death by auto nj property used by.... Recent version motion vehicle fatality case welcome your calls, letters and electronic mail a violation of N.J.S.A Arrest! Ways to fight eluding police charges in New Jersey motorists conduct occurred in a school crossing, or the! 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Shoplifting Sentence in NJ companion charges of aggravated manslaughter or vehicular homicide defense attorneys at Tormey is Ready Handle! Until such time as an attorney-client relationship has been established Sales Tax second degree death by auto nj in. Attorney NOW, charged with Disorderly conduct in Hoboken welcome your calls letters... Punished severely for committing it, one of the largest and most highly credentialed criminal firms in state. For a violation of R.S.39:4-96 situations, the second degree death by auto nj reckless driver faces the possibility being with. By a blood test or urine test DWI case not be the most recent version crime, and people be. Was both with first-degree vehicular manslaughter is a crime of the largest most... Chemicals by a blood test or urine test initial press reports incorrectly stated that the motorists conduct occurred in school... A crime of the victim was a distinct possibility manslaughter ( a.k.a a. 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Sentencing, second-degree murder is carried out with intent but with second degree death by auto nj premeditation while... Includes taking place in a motion vehicle fatality case in which death of person!, one of two offenses aggravated manslaughter is a lesser included offense vehicular!
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