Criminal Defense Lawyers

What are the New Jersey Crimes: Laws & Penalties

If you’re looking to get a handle on how crimes are defined and punished under New Jersey law, you’ve come to the right place. As a criminal defense attorney who has practiced in the Garden State for many years, I’m here to break it all down for you in plain English. We’ll cover everything from the different degrees of crimes to specific offenses and their penalties. So grab a cup of coffee and let‘s dive in!

How New Jersey Classifies Crimes

First things first – let’s talk about how New Jersey categorizes criminal offenses. The state divides crimes into two main buckets:

1. Indictable crimes (a.k.a. felonies): These are the more serious offenses that are handled in Superior Court. There are four degrees, ranging from the most severe first degree crimes down to fourth degree offenses.
2. Disorderly persons offenses (a.k.a. misdemeanors): These are less serious crimes that are dealt with in Municipal Court. They are further divided into disorderly persons offenses and petty disorderly persons offenses.

Here’s a quick breakdown of the different crime classifications in NJ:

The degree of the crime generally determines the range of penalties someone faces if convicted. We’ll get into those specifics shortly. For now, just know that first degree crimes carry the stiffest punishments while petty disorderly persons offenses have the lightest consequences.

Indictable Crimes and Penalties

Alright, let‘s take a closer look at indictable crimes, starting with the most serious offenses. Here are some examples of crimes in each degree category along with the potential prison sentences and fines:

First Degree Crimes

• Examples: Murder, rape, kidnapping, armed robbery
• Prison: 10-20 years (30 years to life for murder)
• Fine: Up to $200,000

Second Degree Crimes

• Examples: Aggravated assault, sexual assault, drug trafficking
• Prison: 5-10 years
• Fine: Up to $150,000

Third Degree Crimes

• Examples: Burglary, possession of heroin/cocaine, theft over $500
• Prison: 3-5 years
• Fine: Up to $15,000 ($35,000 for drug crimes)

Fourth Degree Crimes

• Examples: Stalking, forgery, some shoplifting offenses
• Prison: Up to 18 months
• Fine: Up to $10,000

Keep in mind, these are the ordinary sentences spelled out in the NJ Criminal Code. Many crimes, especially first and second degree offenses, carry even longer extended prison terms. For instance, the No Early Release Act (NERA) requires those convicted of violent first and second degree crimes like murder, manslaughter and robbery to serve at least 85% of their sentence before parole eligibility1.And don‘t forget about the fines! As you can see, they can really add up, especially for the more serious crimes. Plus, the judge can order you to pay restitution to the victim for any losses they suffered.

Disorderly Persons Offenses and Penalties

Now let‘s talk about those pesky disorderly persons offenses. While not as severe as indictable crimes, a conviction for a DP offense still lands you with a criminal record. Here‘s the scoop on these lower-level crimes:

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-02-24

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Disorderly Persons Offenses

• Examples: Simple assault, marijuana possession, shoplifting less than $200
• Jail: Up to 6 months
• Fine: Up to $1,000

Petty Disorderly Persons Offenses

• Examples: Disorderly conduct, harassment, trespassing
• Jail: Up to 30 days
• Fine: Up to $500

Although the stakes are lower, you still don‘t want to mess around with disorderly persons offenses. Even a short jail stint and a few hundred bucks in fines is nothing to sneeze at. Plus, these suckers stay on your criminal record and can make life difficult when you’re applying for jobs, loans, professional licenses and the like.

Specific Crimes and Penalties

Whew, that was a lot of legal mumbo jumbo! Now that you’ve got a general framework, let’s break down some of the most commonly charged crimes in NJ and their specific penalties. We’ll hit a nice cross-section of offenses so you can see how this all plays out in the real world.

Drug Crimes

New Jersey takes drug crimes very seriously, whether you’re talking about simple possession or large-scale trafficking. The severity of the charge depends on factors like the type and quantity of drug involved. Check out these examples:

• Marijuana possession (under 50g): Disorderly persons offense with up to 6 months in jail and $1,000 fine2.
• Heroin possession: Third degree crime with 3-5 years in prison and up to $35,000 fine3.
• Cocaine distribution (1/2 oz to 5 oz): Second degree crime with 5-10 years in prison and up to $150,000 fine4.

Theft Crimes

There are many different theft-related offenses in NJ, from shoplifting to carjacking. The degree of the charge is usually based on the dollar value of the stolen property. Here are a few common examples:

• Shoplifting (less than $200): Disorderly persons offense with up to 6 months in jail and $1,000 fine5.
• Theft by unlawful taking ($500-$75,000): Third degree crime with 3-5 years in prison and up to $15,000 fine6.
• Carjacking: First degree crime with 10-30 years in prison and up to $200,000 fine7.

Violent Crimes

Violent crimes are among the most harshly punished offenses in New Jersey. Many carry long prison sentences, especially if the victim suffers serious injury or the defendant uses a weapon. Take a look:

• Simple assault: Disorderly persons offense with up to 6 months in jail and $1,000 fine8.
• Aggravated assault (causes serious bodily injury): Second degree crime with 5-10 years in prison and up to $150,000 fine9.
• Armed robbery: First degree crime with 10-20 years in prison and up to $200,000 fine10.

White Collar Crimes

Just because white collar crimes are non-violent doesn‘t mean they aren‘t serious. Financial motivations are still criminal! Penalties depend on the amount of money involved in the fraud or theft. Here are some examples:

• Bad checks (under $200): Disorderly persons offense with up to 6 months in jail and $1,000 fine11.
• Forgery: Third degree crime with 3-5 years in prison and up to $15,000 fine12.
• Money laundering: First degree crime with 10-20 years in prison and up to $200,000 fine if over $500,000 involved13.

Diversionary Programs

“Yikes, those are some heavy duty penalties! Is there any way to avoid the slammer?” Glad you asked! New Jersey does offer some alternatives to traditional prosecution for certain first-time offenders. The two main programs are:

1. Pretrial Intervention (PTI): Available for first-time offenders charged with an indictable crime. Requires supervision for 1-3 years. If successfully completed, charges are dismissed14.
2. Conditional Discharge: Available for first-time offenders charged with a disorderly persons offense, usually involving drugs or alcohol. Requires supervision for up to 1 year. If successfully completed, charges are dismissed15.

These programs aren’t a “get out of jail free” card. You still have to take responsibility for your actions and comply with conditions like community service, drug testing and restitution. And if you screw up, you can get booted from the program and prosecuted on the original charges. But for eligible defendants, PTI and conditional discharge offer a precious second chance to avoid the life-long consequences of a criminal conviction.

Expungement of Criminal Records

Let’s say you take a plea or get convicted of a crime in NJ. That offense is now part of your permanent criminal record for all the world to see (including employers, landlords, licensing boards, etc.). Bummer, right? Well, not necessarily! Many crimes are eligible for expungement, which basically seals your record and wipes the slate clean. Here are the general rules:

• Indictable crimes: Eligible 5-10 years after completion of sentence, depending on the degree of crime16.
• Disorderly persons offenses: Eligible 5 years after completion of sentence17.
• Dismissals: Eligible immediately, including PTI and conditional discharge18.

There are a bunch of exceptions and waiting periods, so expungement can get tricky. For instance, convictions for the most serious crimes like murder, kidnapping and aggravated sexual assault can never be expunged19. And you can only expunge up to 4 indictable offenses and an unlimited number of disorderly persons offenses20. But if you do qualify, expungement can be a game-changer in helping you move forward with your life without the stain of a criminal record.