NJ Degree/Grade of Offense

Degree/Grade of Offense in New Jersey

In New Jersey, criminal statutes designate offenses within a graded system based on severity. The degree or grade of a criminal charge has a direct impact on potential penalties upon conviction.

This article provides an overview of offense grades in New Jersey. We’ll cover the classification of crimes, sentencing ranges, strategies for reducing degrees, and how degrees impact the expungement of records. Understanding offense grades allows defendants to better comprehend the criminal allegations against them.

Classification of Crimes in New Jersey

New Jersey categorizes criminal offenses into the following grades^[1]:

• First degree – Most serious, punishable by 10-20 years in prison
• Second degree – Punishable by 5-10 years in prison
• Third degree – Punishable by 3-5 years in prison
• Fourth degree – Lowest grade, up to 18 months in prison
• Disorderly persons – Petty offenses below misdemeanor level

The degree correlates to sentencing exposure, with first degree crimes carrying the harshest penalties upon conviction.

Sentencing Ranges Based on Degree

In addition to prison time, maximum sentences based on degree include^[2]:

• First degree: 10-20 years prison, up to $200,000 fine
• Second degree: 5-10 years prison, up to $150,000 fine
• Third degree: 3-5 years prison, up to $15,000 fine
• Fourth degree: Up to 18 months prison, up to $10,000 fine
• Disorderly persons: Up to 6 months jail, $1,000 fine

Fines, restitution, probation, and other penalties may apply as well.

Reducing the Degree of Charges

Defense strategies to potentially reduce offense degrees include^[3]:

• Pleading to a lower degree charge
• Providing mitigating circumstances to prosecutors
• Using defenses to defeat elements that enhance degree
• Securing a favorable plea deal through negotiations

Even reducing a first degree crime down to second degree significantly lessens sentencing exposure.

Degree of Offense and Pretrial Intervention

Higher degree crimes make admission into pretrial intervention (PTI) challenging. However, prosecutors may consider factors like^[4]:

• Minimal criminal history
• Likelihood of recidivism
• Supporting evidence of degree charge
• Defendant’s amenability to rehabilitation

An experienced attorney can negotiate for PTI eligibility by highlighting mitigators.

Expungement and Degree of Conviction

In New Jersey, the degree of a conviction impacts eligibility for expungement. Lower disorderly persons offenses are more readily expunged while indictable crimes above the fourth degree face substantial barriers^[5].

Enhanced Penalties for Repeat Offenders

Those with prior convictions may face enhanced penalties under New Jersey’s persistent offender laws. Repeat offenses can result in longer prison terms and parole disqualifiers^[6].

Consulting an Attorney

The degree of criminal charges has huge implications for sentencing and future collateral consequences. Experienced criminal defense counsel can explain how the degree impacts your specific case.

An attorney may negotiate reduced charges when appropriate and develop defense strategies targeting any elements used to enhance the degree. Understanding offense grades allows for better-informed decision-making when confronting criminal allegations.

¹
https://www.njlaws.com/classification_of_crimes.html

²
https://www.njlaws.com/classification_of_crimes.html

³
https://www.cga.ct.gov/PS98/rpt%5Colr%5Chtm/98-R-1049.htm

⁴
https://www.avvo.com/legal-guides/ugc/can-you-get-pti-with-an-indictable-offense-in-new-jersey

⁵
https://www.collinsbonner.com/blog/what-are-the-limitations-of-an-expungement-in-new-jersey/

⁶
https://www.sentencing.nj.gov/downloads/pdf/articles/2007/Oct2007/document03.pdf