Navigating criminal charges in New Jersey requires understanding the key distinctions in offense classifications. Diverging from the conventional misdemeanor and felony designations prevalent across the nation, New Jersey’s legal framework delineates offenses as disorderly persons offenses, analogous to misdemeanors, and indictable crimes, comparable to felonies. It’s imperative to seek timely consultation with a qualified Bergen County Criminal Defense Attorney to procure adept legal counsel and experienced representation.
What is a Felony?
An indictable crime, also known as a felony, represents a serious offense subject to harsh penalties, including extended time behind bars and substantial monetary fines. Legal proceedings for indictable crimes are presented before a grand jury. whcih assesses the sufficiency of evidence to formally indict the accused. Subsequent trials are conducted in the Superior Court.
The state delineates four classifications of indictable crimes: fourth, third, second, and first-degree, with first-degree offenses carrying the most severe repercussions. The prescribed penalties for each classification are as follows:
- First-degree: A term of imprisonment ranging from 10 to 20 years and monetary fines of up to $200,000.
- Second-degree: A term of imprisonment ranging from 5 to 10 years and monetary fines of up to $150,000.
- Third-degree: A term of imprisonment ranging from 3 to 5 years and monetary fines of up to $15,000.
- Fourth-degree: A term of imprisonment up to 18 months and monetary fines of up to $10,000.
You should note that these constitute standard sentencing guidelines, and actual penalties may vary significantly depending on the unique circumstances of your case. Specific offenses may result in an extended period of incarceration, including potential life sentences. Examples of indictable crimes include murder, aggravated assault, and drug trafficking.
What is a Misdemeanor?
Disorderly persons offenses, also known as misdemeanors, are generally less serious crimes, such as shoplifting, criminal mischief, or simple assault. These offenses are often adjudicated in municipal court. The state recognizes two tiers of misdemeanor crimes: disorderly persons offenses and petty disorderly persons offenses.
Petty disorderly persons offenses are subject to penalties including incarceration for a period not exceeding 30 days, and/or fines of up to $500. Conversely, standard disorderly persons offenses may result in imprisonment for up to six months and/or fines not exceeding $1,000.
While custodial sentences remain a possibility for disorderly persons offenses, they are less frequently imposed than in cases involving distinct crimes. Alternative dispositions like community service and rehabilitative programs are often favored in these cases. Despite their lesser gravity, disorderly persons offenses may have enduring ramifications. However, avenues for expungement may be available.
As you can see, disorderly persons offenses and indictable crimes differ substantially in nature, severity, consequences, and trial procedures. At The Law Office of Carl Spector, we are prepared to help shield you from an uncertain future. Connect with our firm today to learn how we can fight for you during these difficult times.