Indictable Offenses & Charges

NJ Indictable Offenses & Charges

In New Jersey, indictable offenses are the most serious category of crimes. Indictable charges expose defendants to lengthy prison terms and require complex procedures in Superior Court. Understanding what constitutes an indictable offense and how these cases proceed is critical for anyone facing major criminal allegations in New Jersey.

What are Indictable Offenses?

Indictable offenses are New Jersey’s version of felonies and are defined under N.J.S.A. 2C:1-4 as:

• All first, second, third and fourth degree crimes
• Disorderly persons offenses specifically declared indictable by statute
• Petty disorderly persons offenses tried in Superior Court

In general, any offense punishable by more than 1 year in prison is considered indictable. These serious crimes include homicide, assault, robbery, burglary, theft, forgery, distribution of drugs, and weapons offenses.

Degrees of Indictable Crimes

Indictable crimes are graded by degree according to their severity and potential punishment [1]:

• First Degree – 10-20 years in prison
• Second Degree – 5-10 years in prison
• Third Degree – 3-5 years in prison
• Fourth Degree – Up to 18 months in prison

First and second degree charges are the most serious indictable offenses. Third and fourth degree crimes make up most routine felony allegations.

Hybrid “Wobbler” Crimes

Some crimes like theft, assault, and drug possession are hybrid offenses that can be charged either as misdemeanors or felonies depending on the circumstances. These “wobbler” crimes become indictable when certain aggravating factors are present, such as [2]:

• Amount of drugs or money involved
• Type of weapon used
• Extent of injury to victim
• Prior criminal record of defendant

Prosecutors have broad discretion in charging these hybrid offenses as indictable crimes or not.

Indictment Process in New Jersey

For indictable charges, prosecutors must first present evidence to a grand jury, which decides whether to issue an indictment. To indict, 12+ of 23 grand jurors must agree probable cause exists to charge the defendant.

If indicted, the case proceeds to Superior Court for arraignment and trial. The defendant can also waive indictment and consent to being charged by accusation in some cases.

Where Indictable Cases are Heard

Indictments are formally prosecuted through the Superior Court of New Jersey Law Division – Criminal Part. These felony-level courts have jurisdiction over indictable charges. Judges and prosecutors are experienced in handling complex criminal cases.

In contrast, disorderly persons, petty disorderly persons and municipal ordinance violations are tried in municipal courts with more limited penalties and procedures.

Stages of an Indictable Offense Case

Key stages in the prosecution of an indictable offense include [3]:

1. Grand jury indictment
2. Arraignment
3. Pretrial motions and discovery
4. Plea bargaining
5. Trial
6. Sentencing
7. Appeal

The complexities of indictable cases demand experienced criminal defense attorneys to guide defendants through each phase.

Penalties for Indictable Offenses

Indictable crimes carry much harsher penalties than lesser offenses. Potential consequences include [4]:

• Years or decades in state prison
• Fines up to $150,000+
• Probation or parole
• Driver’s license suspension
• Forfeiture of assets
• Permanent criminal record

Defendants convicted of indictable charges suffer severe, long-lasting impacts on their lives and futures.

Defending Against Indictable Charges

Vigorously fighting indictable charges from the earliest stages provides the best chance at acquittal or conviction on lesser charges. Skilled pretrial tactics by an attorney may include [5]:

• File motions to suppress evidence or dismiss the indictment
• Conduct independent investigation to undermine prosecution theories
• Negotiate with prosecutors for charge reductions or dismissals
• Assess chances of winning at trial versus advisability of plea bargaining
• Identify and exploit weaknesses in the prosecution’s case

Mounting an aggressive defense against indictable charges is vital given their extreme penalties.

Plea Bargaining Indictable Charges

Many indictable cases end in plea bargains rather than trials. Defendants agree to plead guilty in return for prosecutors recommending lighter sentences or reducing charges. Benefits include [6]:

• Capping maximum sentence exposure
• Avoiding mandatory minimum sentences
• Eliminating charges entirely
• Sparing victims from testifying at trial

However, prosecutors hold the upper hand in plea negotiations. Experienced criminal defense lawyers are key to securing favorable bargains.

Get Legal Help for Indictable Charges

Indictable charges should never be faced without the strongest legal defense possible. The severe penalties and complex procedures involved demand aggressive and knowledgeable counsel to protect your rights and future.