What are the different classes of crimes in New Jersey?

Classes of Crimes in New Jersey

New Jersey divides criminal offenses into several categories based on the severity of the crime. Understanding how crimes are classified can help you understand the potential penalties if convicted. This article provides an overview of the different classes of crimes in New Jersey.

Indictable Crimes

Indictable crimes in New Jersey are similar to felonies in other states. They are the most serious criminal offenses and are divided into four degrees:

• First Degree Crimes – The most serious crimes like murder, kidnapping, and aggravated sexual assault. Punishable by 10-20 years in prison.
• Second Degree Crimes – Serious offenses like robbery, sexual assault, and large-scale drug distribution. Punishable by 5-10 years in prison.
• Third Degree Crimes – Less serious than 1st and 2nd degree, but more serious than 4th degree. Examples include drug possession, burglary, aggravated assault. Punishable by 3-5 years in prison.
• Fourth Degree Crimes – The least serious indictable offenses, like small-scale drug possession, aggravated assault, violating a restraining order. Punishable by up to 18 months in prison.

Indictable crimes must be presented to a grand jury, who decides whether to indict and allow the case to move forward. These crimes are heard in Superior Court rather than municipal court.

Disorderly Persons Offenses

Disorderly persons offenses are similar to misdemeanors in other states. There are two levels:

• Disorderly Persons Offenses – Punishable by up to 6 months in jail and a $1,000 fine. Examples include simple assault, possession of under 50g of marijuana, possession of drug paraphernalia.
• Petty Disorderly Persons Offenses – Punishable by up to 30 days in jail and a $500 fine. Examples include disorderly conduct, harassment, simple assault by mutual fighting.

These cases are heard in municipal rather than Superior Court. They still result in a criminal record if convicted.

Defenses and Mitigating Factors

The severity of the charges you face and the potential penalties if convicted depend on the degree and classification of the offense. An experienced criminal defense attorney can help in several ways:

• Raise defenses to have charges dismissed or downgraded to a lesser offense
• Negotiate with prosecutors for plea deals to lesser charges
• Argue for mitigating factors that could reduce sentences if convicted
• Increase the chance of avoiding jail time for lower-level offenses

The specifics of your case including the degree of charges and your prior record will impact your options. But a skilled lawyer understands how to navigate the complexities of New Jersey’s criminal justice system to try to get the best possible outcome.

Sentencing Guidelines

New Jersey has sentencing guidelines judges must consider when determining sentences. But judges have discretion within those ranges. Factors affecting sentencing can include:

• Degree of the criminal offense
• Defendant’s prior criminal record
• Use of a weapon
• Extent of injury to victims
• Evidence presented at trial

For lower level 3rd and 4th degree crimes, first-time offenders often get probation instead of jail time. The prosecution may offer plea deals to lesser charges to avoid the time and expense of a trial.

Mandatory Minimum Sentences

New Jersey has mandatory minimum sentences that require those convicted to serve at least a minimum amount of their sentence before being eligible for parole. These include:

• 1st degree crime – Must serve 85% of sentence
• 2nd degree crime – Must serve 85% of sentence
• 3rd degree crime – Must serve 50% of sentence
• 4th degree crime – No mandatory minimum

Mandatory minimums limit judicial discretion on sentencing. The minimum time served cannot be reduced even for good behavior in prison. These can lead to harsh sentences. A skilled attorney may negotiate charges not subject to mandatory minimums.

Expungement of Criminal Records

Those convicted of crimes in New Jersey can have their record expunged in certain cases, such as:

• Certain non-violent disorderly persons offenses
• Petty disorderly persons offenses
• Low-level indictable offenses after 10 years

This clears the offense from your criminal record. Expungement allows people to move on with their lives after paying their debt to society. An attorney can advise whether you qualify to have your record expunged.

Juvenile Charges

New Jersey has a separate juvenile justice system for defendants under age 18. This keeps most juvenile proceedings confidential and focuses on rehabilitation rather than punishment.

Juveniles can be tried as adults for serious violent crimes like homicide, rape, robbery. These cases start in family court but can be transferred to Superior Court and tried as indictable offenses.

Federal vs. State Crimes

In addition to state crimes, some offenses violate federal laws. For example, drug trafficking, gun crimes, bank robbery, and white collar crimes like fraud and embezzlement. Federal cases are prosecuted by federal prosecutors, with charges filed directly rather than going through a grand jury.

Federal crimes tend to have harsher sentences than similar state charges. Federal prisons also typically have less parole, programs, and amenities than state prisons.

Hiring an Attorney

Facing any criminal charge is scary. New Jersey’s complex criminal statutes and sentencing guidelines make navigating the system very difficult without an attorney. A skilled criminal defense lawyer can advise you of your rights, defense options, and the best strategy to try to get charges reduced or dismissed. Don’t go it alone. Hire an attorney experienced in New Jersey criminal law for the best chance of the most favorable outcome.