What is known as a “felony” in many other states is an indictable offense in New Jersey. New Jersey has abolished the felony classification and the term "felony" is no longer used.
What is an indictable offense in New Jersey?
In New Jersey, a crime is an indictable offense, not a "felony." However, in State v. Doyle, the New Jersey courts recognized that indictable offenses or crimes in New Jersey are "equatable" to felonies. 200 A.2d 606 (N.J. 1964) All persons accused of indictable offenses or crimes are entitled to an indictment by a grand jury or a trial by jury. Indictable offenses are classified into 1st, 2nd, 3rd, and 4th degrees. N.J.S.A. 2C:43-1;  The most serious offenses are in the first degree category. "Indictable" means that a grand jury has found that there is enough evidence to support a formal charge and require that the defendant stand trial for the crime. In New Jersey, crimes are offenses that carry sentences of six (6) months of jail or more. If an offender is sentenced to one year or more, he or she will serve time in state prison, unless there is a county penitentiary or workhouse. N.J.S.A.2C:43-10(a) and (b).
What are first degree crimes?
First degree crimes include, but are not limited to, murder, manslaughter, drug distribution (large quantities) aggravated sexual assault, and rape. A first degree crime carries a 10-20 year mandatory prison sentence or between 20, 25 or 30 years and life for certain crimes, such as murder and a fine up to $200,000. N.J.S.A. 2C:11-3; N.J.S.A. 2C:43-10; For first degree crimes there is a presumption of incarceration which means that it is presumed that the judge will sentence an offender to state prison. A competent attorney can help you overcome a presumption of incarceration.
What are second degree crimes?
Second degree crimes include, but are not limited to, certain sex crimes, aggravated arson, burglary, robbery with a weapon, kidnapping, white collar crimes, and drug crimes (small quantities). A second degree crime carries a 5-10 year mandatory prison sentence and a fine up to $150,000. For second degree crimes there is a presumption of incarceration which means that it is presumed that the judge will sentence an offender to state prison. A competent attorney can help you overcome a presumption of incarceration.
What are third degree crimes?
Third degree crimes can include, but are not limited to, arson, some robbery offenses, some driving under the influence (DUI) offenses, possession of cocaine, ecstasy, or heroin (controlled substances), possession of a handgun, certain thefts, and aggravated assault. A third degree crime carries a 3-5 year mandatory prison sentence and can be fined up to $15,000. For third degree crimes there is a presumption of non-incarceration. Therefore, the judge, at his or her discretion, may sentence the defendant to probation in lieu of a prison term. He may sentence the defendant to serve all or part of his sentence on probation in lieu of state prison.
What are fourth degree crimes?
Fourth degree crimes include, but are not limited to, stalking, unauthorized use of a motor vehicle, some charges involving assault and threat crimes, possession of marijuana, criminal sexual contact, stalking, some robbery offenses, some DUI offenses, and forgery. A fourth degree crime is punishable by up to 18 months in prison and a fine of up to $10,000. For fourth degree crimes there is a presumption of non-incarceration. Therefore, the judge, at his or her discretion, may sentence the defendant to probation in lieu of a prison term. He may sentence the defendant to serve all or part of his sentence on probation in lieu of state prison.
Additional resources provided by the author
LegalCleanup.com Expungement Resource and Learning Center
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.