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.
