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Indictable Offenses (Felonies) in New Jersey | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Indictable Offenses (Felonies) in New Jersey

When it comes to criminal charges, you probably have heard the terms felony and misdemeanor, with a felony being a more serious charge than a misdemeanor. However, in New Jersey, crimes are categorized into three categories. Instead of misdemeanors, we have disorderly persons offenses and petty disorderly persons offenses, with petty offenses being less serious. In place of felonies we have what are called indictable offenses, also known as indictable crimes. These are more serious charges and end up in the NJ Superior Court, while disorderly offenses are usually handled by the Municipal Courts. At Gold, Albanese, Barletti & Locascio, LLC, our seasoned legal team has handled all kinds of indictable crimes, so we can help you understand what to expect and how to achieve the best possible outcome.

What Is Considered an Indictable Offense in NJ?

Indictable offenses come in four degrees and it is generally expected that any offense comes with at least 1 year of jail time at a minimum as well as fines, with both increasing with the severity of the charge. Also note that certain crimes have scaling penalties for subsequent offenses, so repeat offenders are in danger of receiving harsher sentences.

Crimes of the First Degree

These are the most serious of all possible charges. They include crimes such as:

  • Murder (Homicide)
  • Rape
  • Armed Robbery
  • Manslaughter
  • Kidnapping
  • Money Laundering
  • Aggravated Arson
  • Large Quantity Drug Distribution

Penalties for First Degree Crimes

Certain first degree crimes have additional penalties associated with them, but they are prescribed certain minimum penalties. These are the following:

  • Crime of the First Degree
    • Between 10-20 years in prison
    • Fines of up to $200,000

Crimes of the Second Degree

Second degree indictable offenses include:

  • Aggravated Assault
  • Sexual Assault
  • Robbery
  • Unlawful Firearm Possession
  • Burglary Involving Injury or Threat of Violence
  • Drug Distribution
  • Shoplifting Over $75,000 in Stolen Goods

Penalties for Second Degree Crimes

While certain crimes can have additional penalties, the statutory minimum for sentencing penalties is the following

  • Crime of the Second Degree
    • Between 5-10 years in prison
    • Fines of up to $150,000

Crimes of the Third Degree

Crimes that are generally considered to be third degree offenses include:

  • Possession of a Controlled Substance
  • Burglary
  • Arson
  • Some DUI Charges
  • Criminal Restraint

Penalties for Third Degree Crimes

While certain crimes will incur additional penalties, the general statutory guidelines prescribe the following penalties:

  • Crime of the Third Degree
    • Between 3-5 years in prison
    • Fines of up to $15,000

Crimes of the Fourth Degree

These crimes are the least severe of all potentially indictable offenses. However they still have serious consequences. Fourth degree crimes include:

  • Forgery
  • Criminal Trespassing
  • Stalking
  • Criminal Mischief
  • Possession of Controlled Substance
  • Some DUI Charges

Penalties for Fourth Degree Crimes

While these are the least severe, the penalties are still something to be avoided. Certain crimes will potentially come with additional penalties but generally they are as follows:

  • Crime of the Fourth Degree
    • Up to 18 months in prison
    • Fines of up to $10,000

The Right Representation

When facing down an indictable crime, you are not only facing prison time and fines but also a permanent criminal record. This can not only hurt you when looking for a job or renting a home, it can also mean harsher sentencing if you are convicted of another offense at a later date. Felons also lose the right to vote, carry firearms and obtain certain professional licenses.

Therefore, it is imperative that you retain the services of an experienced NJ criminal defense lawyer like those at Gold, Albanese, Barletti & Locascio, LLC. We will work to see if the charges can be dismissed, explore plea options and help you build a rock solid case in court. You want someone who has worked in the New Jersey system for decades so that you go to court with the best possible chance to beat a conviction and protect your rights.