Unlike other states, New Jersey does not use the terms “misdemeanor” or “felony” to classify crimes. In fact, charges at the municipal level often represent disorderly persons offenses. Not sure what this means to your case? We’ll provide you with some insight concerning New Jersey crimes and related penalties. We’ll also give you examples of crimes that fall into each category.
The process for disorderly persons offenses and criminal charges may start with an arrest. In the case of the lesser offense, the summons may be written on a document that resembles a traffic ticket. The statute listing the charge is written on this document.
Court summonses for criminal charges are drawn up and served after grand jury indictments. They are longer documents, but also list the laws that you are accused of breaking.
Classification of Crimes and Associated Penalties
Classification of crimes in New Jersey is found at NJSA 2C:1-4. They include the following:
- Petty/Disorder Persons Offenses: Certain charges heard in municipal court are classified as either petty disorderly persons offenses or disorderly persons offenses. An example of a charge that will fall into this category is shoplifting of items valued at less than $200.
A person who is found guilty of a petty disorderly persons or disorderly persons offense may find that penalties include fines, court costs and incarceration up to six months.
Indictable crimes in New Jersey are classified from the first to the fourth degree. First degree crimes are the most serious. They therefore carry the stiffest penalties.
- First Degree Crimes: An example of some first degree crimes includes rape, manslaughter and murder convictions. Under the law, the judge may order life imprisonment. Sentencing generally starts at 10 years. Fines may be assessed as high as $200,000.
- Second Degree Crimes: Burglary, kidnapping and aggravated assault charges are often classified as second degree crimes. Penalties include fines up to $150,000 as well as incarceration from five to ten years.
- Third Degree Crimes: Some DWI complaints are considered crimes of the third degree. The same is true for certain drug possession cases. It’s considered a crime of third degree to write a bad check degree if the amount is $1,000.00 or more but is less than $75,000.00. Restitution could be ordered as well as fines up to $15,000. The defendant could face a jail sentence between 3-5 years.
- Fourth Degree Crimes: If you operate a motor vehicle while on the suspended list, you could be found guilty of a fourth degree crime. This would apply if you did this more than once.
Convictions for fourth degree crimes also carry the prospect of fines up to $10,000, court costs and jail time. Eighteen months is the maximum allowable sentence.
It should be noted that the crimes listed below. Crimes are classified by the statutory reference.
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Need more assistance understanding New Jersey’s classification of crimes and associated penalties? At the Law Offices of Beninato & Matrafaljo, we will be happy to meet with you. Contact us to schedule an appointment.
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