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The Difference Between Misdemeanors and Felonies in New Jersey
The Difference Between Misdemeanors and Felonies in New Jersey
When you’re charged with a crime in New Jersey, it’s classified as either a misdemeanor or a felony. But what exactly is the difference between the two? And why does it matter? This article will break it all down for you.
First, let’s start with some definitions.
In New Jersey, we don’t actually use the terms “misdemeanor” or “felony.” Instead, crimes are divided into “disorderly persons offenses” and “indictable offenses.” But disorderly persons offenses are basically the same as misdemeanors, while indictable offenses are the same as felonies. Got it? Good.
Misdemeanors vs Felonies: An Overview
The main differences between misdemeanors and felonies come down to three things:
- Sentencing – Misdemeanors have lighter sentences than felonies. For a misdemeanor, you’ll face fines, probation, community service but usually no more than 6 months in jail. Felonies can lead to years or even life in prison.
- Severity – Misdemeanors are minor crimes, while felonies are more serious offenses. Things like theft, assault, fraud – those are felonies.
- Rights – A felony conviction also leads to losing certain rights, like voting, owning a gun, and more.
Degrees of Felonies
Not all felonies are created equal. New Jersey ranks felonies from most to least severe:
- First-degree felonies
- Second-degree felonies
- Third-degree felonies
- Fourth-degree felonies
The degree affects how much prison time you’ll face if convicted. First-degree charges are the really big ones – murder, kidnapping, etc. Those can lead to 10+ years in prison or even life without parole. Fourth-degree felonies are still serious, but the least extreme. You’d likely face less than 18 months for those.
Examples of Misdemeanors vs Felonies
Okay, let’s look at some real-life examples to see the difference between misdemeanors and felonies in action:
Misdemeanors:
- Shoplifting
- Simple assault
- DUI (first offense)
- Possession of small amounts of drugs
- Disorderly conduct
Felonies:
- Armed robbery
- Aggravated assault
- Vehicular homicide
- Possession with intent to distribute drugs
- Arson
Big difference, right? Now you can see why someone would rather be facing a misdemeanor than a felony any day.
How Charges Get Determined
So how does the prosecution decide whether to charge you with a misdemeanor or felony in the first place? A few key factors they consider are:
- Your criminal history – Someone with a clean background is more likely to face a misdemeanor. Repeat offenders will often face felonies.
- Extent of damage/harm – Causing serious bodily injury or property damage can turn a minor crime into a felony.
- Type/amount of weapon – Using a deadly weapon also makes a big impact.
- Value of property stolen – Higher dollar amounts mean higher felony charges.
Again, for the full analysis, please contact a local criminal defense attorney. But in general, the more extreme the circumstances, the worse felony charges you’ll face.
Defending Against Felonies
Once you’ve been charged with a felony, it’s critical to start building your defense immediately. A skilled New Jersey criminal lawyer can help protect your rights and future.
They may argue things like:
- You were misidentified
- You acted in self-defense
- There are issues with evidence against you
- Or if appropriate, try to get felony charges reduced to misdemeanors through plea bargaining. An experienced lawyer knows all the options.
Don’t Go It Alone
The bottom line is you should never try to navigate felony charges alone. There’s too much at stake. The penalties are severe, and the laws complex.
So do yourself a favor and speak to an attorney as soon as possible if you’re facing criminal charges in New Jersey. They can review the details of your unique case and build the strongest defense.
With an expert by your side, you’ll face the misdemeanors vs felonies maze with much more confidence and clarity. Don’t leave your future up to chance – get the legal firepower you need today