Chatham NJ Cocaine Lawyer
Travis J. Tormey and his team of criminal trial lawyers represent clients charged with shoplifting, simple assault, and marijuana possession throughout New Jersey including in Mendham, Warren, and Dover. Please contact our Morristown office for a free initial consultation anytime at (973)971-0030. Our attorneys will examine the facts of your case, the State's evidence, any possible defenses, and your prior criminal history when considering the State's offer. If the State's plea offer is unacceptable our criminal defense trial team is ready and willing to take your case to trial.
Degree of Criminal Offenses in New Jersey: N.J.S. 2C:43-1
The New Jersey statute which defines crimes is N.J.S. 2C:43-1 which provides in pertinent part:
§ 2C:43-1. Degrees of crimes
a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows:
(1) Crimes of the first degree;
(2) Crimes of the second degree;
(3) Crimes of the third degree; and
(4) Crimes of the fourth degree.
A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree.
A first degree, second degree, third degree, or fourth degree crime in New Jersey is an indictable criminal offense which must be handled by the Superior Court in the county in which crime allegedly occurred. Indictable offenses must be presented to a grand jury for indictment. An indictment is the formal charging document which charges the defendant with the crime. Prior to that, the case is in the complaint stage.
Disorderly persons offenses and petty disorderly persons offenses, the lowest level criminal offenses in New Jersey, are handled in the Municipal Court in the municipality in which the crime allegedly occurred. Disorderly persons offenses do not need to be presented to a grand jury for indictment and are prosecuted via complaints or summonses. A disorderly persons offense can be expunged off your record after five (5) years in most cases.
Penalties for Criminal Offenses in NJ
Penalties for criminal offenses in New Jersey are as follows:
- First Degree: Ten (10) to Twenty (20) years in prison (presumption of incarceration)
- Second Degree: Five (5) to Ten (10) years in prison (presumption of incarceration)
- Third Degree: Three (3) to Five (5) years in prison
- Fourth Degree: Maximum of Eighteen (18) months in prison
- Disorderly Persons Offenses: Maximum six (6) months in the county jail
- Petty Disorderly Persons Offenses: Maximum thirty (30) days in the county jail
A presumption of incarceration means that, if convicted of a first or second degree crime, there is a presumption that the sentence will include a State prison sentence. However, on third degree offenses, because there is not a presumption of incarceration, a probationary sentence or county jail sentence is possible especially if the defendant has no prior criminal history. Also, Pre-Trial Intervention (PTI) is possible for defendants with no prior criminal history who have been charged with third or fourth degree indictable crimes. Finally, the No Early Release Act applies for certain crimes which requires the defendant to serve 85% of the prison sentence before becoming eligible for parole.
For additional information, please contact our Morristown office for a free initial consultation at (973)971-0030.
