NJ Felony Offenses

NJ Felony Offenses

In New Jersey, the most serious category of crimes is known as indictable offenses or felonies. Felonies carry lengthy prison terms and substantial fines and penalties.

This article provides an overview of felony charges in New Jersey. We’ll cover felony classes, common crimes, sentencing, effects on records, and strategies for defense. Facing potential felony prosecution makes experienced legal representation essential.

Felony Classifications in New Jersey

New Jersey ranks felonies from first to fourth degree based on severity^[1]:

• First degree – Highest level, 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 felony, up to 18 months prison

First and second degree charges are the most serious allegations carrying the harshest penalties.

Most Common First Degree Felonies

Some examples of first degree felonies include^[2]:

• Murder
• First degree robbery with serious injury
• First degree aggravated sexual assault
• First degree kidnapping with bodily injury
• Leading a narcotics trafficking network

These charges often carry a presumption of incarceration and parole disqualifier.

Most Common Second Degree Felonies

Frequent second degree felonies include^[3]:

• Second degree manslaughter
• Second degree sexual assault
• Second degree robbery with weapon
• Second degree aggravated assault with serious injury
• Second degree burglary of a home

Second degree charges may still mean state prison time but with slightly lower sentences than first degree felonies.

Most Common Third and Fourth Degree Felonies

Lower level felonies encompass crimes like^[4]:

• Third degree burglary of non-residence
• Third degree sale or possession of CDS
• Third degree theft of $75,000 or more
• Fourth degree aggravated assault
• Fourth degree unlawful possession of a weapon

Third and fourth degree felonies may allow for non-custodial sentences in some cases.

Sentencing for Felony Convictions

Felony sentences in New Jersey involve^[5]:

• State prison time
• Significant fines up to $150,000
• Restitution to victims
• Parole supervision
• Mandatory penalties and assessments

Repeat felony offenders face extended terms and parole disqualifiers mandating longer prison time.

Felony Conviction Effects

Felony convictions also bring^[6]:

• Permanent criminal record
• Loss of civil rights like voting and firearms ownership
• Employment and housing discrimination
• Restricted professional licensing
• Difficulty obtaining student loans

The stigma of a felony conviction follows individuals for life.

Felony Murder Rule in New Jersey

Under New Jersey’s felony murder rule, a defendant can be charged with murder if someone dies during commission of a felony like robbery or burglary, even if unintended. This brings severe first degree penalties.

Defenses to Felony Charges

While challenging, possible felony defenses include:

• Illegal search and seizure
• Self-defense
• Misidentification
• False confessions
• Intoxication
• Entrapment

An attorney can assess if any affirmative defenses may apply to defeat the charges.

Plea Bargaining Felonies

Many felony cases end in plea deals. Typical outcomes include:

• Pleading to a lower degree offense
• Agreement to non-custodial probation sentence
• Reduced charges for cooperating as a witness
• Dismissal of additional related charges

However, pleading guilty still brings serious consequences. An attorney’s advice is vital.

Expunging Felony Records

Felony convictions are not eligible for expungement in New Jersey absent very limited circumstances. Only low-level third and fourth degree drug offenses may qualify after 10 years.

Consulting an Attorney for Felony Charges

The severe penalties facing felony defendants make experienced criminal defense counsel critical. An attorney can thoroughly investigate the charges, identify defenses, and negotiate for reduced charges or alternate resolutions when possible.

Don’t leave your future to chance. The costs of a felony conviction will follow you forever. Fight the charges aggressively from the start with a knowledgeable attorney on your side.

^[1] https://www.findlaw.com/state/new-jersey-law/new-jersey-felony-crimes-by-class-and-sentences.html ^[2] https://www.findlaw.com/state/new-jersey-law/new-jersey-first-degree-felony-charges.html ^[3] https://www.findlaw.com/state/new-jersey-law/new-jersey-second-degree-felony-charges.html ^[4] https://www.findlaw.com/state/new-jersey-law/new-jersey-third-and-fourth-degree-felony-charges.html ^[5] https://www.findlaw.com/state/new-jersey-law/new-jersey-felony-crimes-by-class-and-sentences.html ^[6] https://www.nolo.com/legal-encyclopedia/what-felony-conviction-means-your-rights-33677.html https://www.findlaw.com/state/new-jersey-law/new-jersey-felony-murder.html https://www.avvo.com/legal-guides/ugc/common-defenses-to-felony-charges-in-new-jersey https://www.cga.ct.gov/PS98/rpt%5Colr%5Chtm/98-R-1049.htm https://www.judiciary.state.nj.us/courts/assets/criminal/expungemanual.pdf