The severity of the punishment a defendant faces when charged with a crime in New Jersey depends on the “degree” of the crime, or offense, alleged. Under NJ law, crimes are designated as first, second, third, or fourth degree offenses, with conviction for a first degree offense resulting in the harshest punishments available to the criminal justice system.
First-, second-, third-, and fourth-degree crimes in New Jersey are “indictable offenses,” equivalent to “felony” charges in other states. They are more serious than “disorderly persons” or “petty disorderly persons” offenses, which are minor crimes, or “misdemeanors.” Indictable offenses in New Jersey may result in prison time and substantial fines if not properly challenged.
Any time you are charged with a crime in New Jersey, you should contact an experienced New Jersey criminal defense attorney as soon as possible. At Keith Oliver Criminal Law, we’ll make sure you understand the charges you face as we work to protect your rights and obtain the best possible outcome for you.
Contact us today for a free initial consultation, and take control of your legal defense.
New Jersey’s Criminal Grading System
New Jersey categorizes serious criminal offenses as indictable offenses, which include:
- First-degree offenses, punishable by 10 to 20 years in prison and a fine of up to $200,000.
- Second-degree offenses, punishable by 5 to 10 years in prison and a fine of up to $150,000.
- Third-degree offenses, punishable by 3 to 5 years in prison and a fine of up to $15,000.
- Fourth-degree offenses, punishable by up to 18 months in prison and a fine of up to $10,000.
A grand jury seated in New Jersey must hear evidence presented by a local prosecutor about an alleged indictable offense and determine whether to move forward by “handing down” an indictment against the defendant.
Indictable offenses are tried in the Superior Court before a judge or a jury. There is a Superior Court in each of New Jersey’s 21 counties.
Minor offenses in New Jersey are categorized as:
- Disorderly persons offenses, punishable by a fine of up to $1,000.
- Petty disorderly persons offenses, punishable by a fine of up to $500.
These offenses include offenses such as simple assault, trespassing, minor shoplifting and motor vehicle offenses, such as driving while intoxicated, speeding, and illegal parking. These types of cases are heard in municipal courts operated by cities, townships, or boroughs across New Jersey. Municipal courts also hear cases involving alleged violations of hunting, fishing, and boating laws, as well as minor disputes between neighbors.
What Is a First-Degree Crime in NJ?
First-degree crimes are considered the most serious indictable offenses in New Jersey. They include, but are not limited to:
- Murder
- Aggravated Manslaughter
- Aggravated Sexual Assault
- Armed Robbery
- Kidnapping
- Drug Distribution
- Money Laundering
Conviction of a first-degree offense in New Jersey carries the presumption of incarceration. In other words, you will go to prison if you are convicted of a first-degree crime unless the court can be persuaded that justice will not be served by incarcerating you.
New Jersey laws provide for a life sentence for convictions for crimes of violence that are first-degree offenses. A sentence of “life” for a murder conviction means serving a minimum of 35 years before becoming eligible for parole. A life sentence requires serving at least 30 years for aggravated manslaughter, first-degree kidnapping, or aggravated sexual assault of a minor under 16.
Further, the No Early Release Act (NERA) requires individuals convicted of certain violent crimes in New Jersey to serve at least 85 percent of their prison sentences before becoming eligible for parole. The offender is also subject to a specified period of parole supervision upon release.
Second Degree Crimes
Second-degree offenses in New Jersey include:
- Aggravated Assault
- Sexual Assault
- Aggravated Arson
- Robbery
- Burglary with injury, threat of injury, or use of a weapon
- Shoplifting (value over $75,000)
- Eluding a police officer and creating a risk of injury or death
- Unlawful possession of certain firearms
- Possession of a firearm for an unlawful purpose
Second-degree offenses also carry a presumption of incarceration, meaning you will likely go to prison upon being convicted of a second-degree crime.
In addition to the NERA, which requires individuals convicted of certain violent crimes in New Jersey to serve at least 85 percent of their prison sentences, the Graves Act imposes mandatory minimum prison sentences without parole for specific weapons offenses, including unlawful possession of a firearm and possession of a firearm for an unlawful purpose and certain felonies committed while in possession of a firearm.
New Jersey Third Degree Crimes
A few examples of a NJ third-degree crime include:
- Aggravated Assault
- Arson
- Terroristic Threats
- Burglary
- Possession of Controlled Dangerous Substances (e.g., heroin, cocaine, MDMA).
- Illegal Possession of a Firearm (depending on the type of weapon and circumstances)
- Shoplifting (value between $500 and $75,000) and certain other types of theft
If you are convicted of a third-degree crime, you enjoy a presumptive sentence of probation rather than prison time. A first-time offender charged with a non-violent crime may be eligible for Pre-Trial Intervention. This intensive probation program allows defendants to avoid trial and have the charges dismissed upon successful completion of the program.
Drug Court, another diversionary program, is available to first-time offenders who have violated controlled substances laws and who agree to enter a rehabilitation program. The program includes treatment, counseling, frequent and random drug testing, community service, and close probationary supervision. Charges are dropped and the defendant’s record is expunged upon completion of the program.
Fourth-Degree Crimes
Crimes of the fourth degree in New Jersey include:
- Assault by Auto
- Criminal Sexual Contact
- Stalking
- Shoplifting (value of at least $200 but less than $500)
- Forgery
- Possession of Marijuana with Intent to Distribute
- Violation of a Restraining Order
- Criminal Mischief causing property damage valued between $500 and $2,000
- Harassment while on probation or parole
- Lewdness
- Resisting Arrest
- Obstruction of Justice
As New Jersey’s least serious felony-level crimes, fourth-degree offenses have a presumption of non-incarceration upon conviction, which means jail time is not automatically imposed. Suppose you are a first-time offender charged with a fourth-degree crime, and there was no violence or other negative extenuating circumstances. In that case, you may be eligible for Pretrial Intervention, or a lawyer may be able to have the charges downgraded to a disorderly persons offense, if not dismissed.
Contact Our New Jersey Criminal Defense Attorney for Help
If you have been charged with an indictable offense in New Jersey, you should ask to be allowed to contact an attorney and do so as soon as possible. The potential penalties you face when charged with a felony in New Jersey can be life-changing. Still, an experienced criminal defense attorney can help you protect your rights and fully question the allegations and evidence against you.
Contact Keith Oliver Criminal Law today for a free initial legal consultation about criminal charges you face in New Jersey. We can work to secure your release if you are being held and provide you with a robust defense against the charges you face.