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By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 18, 2024
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Like most states, New Jersey has an extensive penal code. The New Jersey Code of Criminal Justice defines every action considered criminal behavior in New Jersey. These codes are found in the New Jersey Statutes Title 2C. New Jersey laws attempt to balance the safety of its citizens with fair trials for all.
New Jersey separates its crimes into different classifications to indicate severity, as other jurisdictions also do. However, New Jersey law veers away from using the traditional terms of felony, misdemeanor, and infractions. Instead, offenses are grouped under the following headings:
Indictable offenses (similar to felonies)
Disorderly persons offenses (similar to misdemeanors)
Petty disorderly persons offenses (similar to infractions)
There are four degrees (levels) of severity for indictable offenses. These degrees define the maximum and minimum prison terms for crimes in that category. Both disorderly persons offenses and petty disorderly persons offenses have their own penalty ranges.
New Jersey groups types of specific criminal offenses into six categories. These are:
There are a lot of criminal laws under the New Jersey Statutes. This section will examine the different types of offenses, the sentencing structure used by New Jersey law, and how bail works in the state. There are also links to articles covering dozens of different offenses and legal concerns. If you're facing criminal charges in New Jersey, speaking to a criminal defense attorney is a good idea.
New Jersey uses three different classifications to indicate the severity of a criminal charge. Knowing the specifics of each one can help you understand the level of trouble you're facing. Keep in mind that aggravating factors, like using a gun during a robbery, can increase an offense's degree.
New Jersey requires a grand jury indictment for indictable crimes. Each indictable offense is given a degree. The degree of an offense determines the severity of the sentence. New Jersey uses four degrees:
First-degree indictable offenses are the most serious and include include homicide, rape, drug trafficking, and aggravated assault
Second-degree offenses include criminal sexual contact, aggravated arson, robbery, burglary, kidnapping, drug distribution, and theft by extortion
Third-degree offenses include drug possession, arson, robbery without aggravating circumstances, perjury, and terroristic threats
Fourth-degree crimes include stalking, simple robbery, some DUI crimes, criminal mischief in the fourth degree, and forgery
Although New Jersey doesn't use the term, indictable crimes are what other states call felonies.
In most cases, a disorderly person offense is the same crime as a misdemeanor elsewhere. Disorderly person offenses are less serious than indictable offenses. However, they still carry serious penalties, including possible jail time, fines, and loss of professional licensing.
There is only one degree of crime for disorderly persons offenses. They do not need a jury trial or a grand jury indictment for a criminal complaint. Examples ofdisorderly persons offenses in New Jersey include:
Simple assault
Possession of drug paraphernalia
Possession of less than 50 grams of marijuana
Resisting arrest
Obstruction of law enforcement
Disorderly conduct
Public lewdness
Shoplifting less than $200
Nonsexual harassment
First-time offenders generally can avoid jail time. Options include probation and treatment programs.
Expungement is available for some indictable and disorderly persons convictions. But, obtaining a court order of expungement is a complex process. Speak with a criminal defense attorney for assistance.
Petty disorderly persons offenses are the least serious of New Jersey criminal offenses. They are not exactly crimes under New Jersey law, but they will appear on a criminal record. They include abusive language, threats, harassment, and even prank phone calls.
Petty offenses can carry fines of up to $500 and up to 30 days in jail. While not as serious as other offenses in New Jersey, repeated instances can result in repercussions.
In New Jersey, the Superior Court hears indictable offenses. Disorderly persons offenses stay in the municipal court where the offense occurred. New Jersey court rules guarantee a right to a jury trial for any defendant facing more than six months in jail.
Aggravating factors, like using a handgun during a robbery or selling drugs on school property, can increase an offense's degree. Mitigating factors may lower the severity.
New Jersey courts return criminal sentencing on the same day as the verdict. The penalties vary according to the severity of the crime under Title 2c. Some crimes have a mandatory minimum sentence of imprisonment. The table below contains the penalties for each New Jersey crime level:
Level of Crime |
Potential Penalties |
|---|---|
First-Degree Offenses |
|
Second-Degree Offenses |
|
Third-Degree Offenses |
|
Fourth-Degree Offenses |
|
Disorderly Persons Offenses |
|
Petty Disorderly Persons Offenses |
|
Offenders may also face forfeiture of their driver's license, a license suspension, loss of driving privileges, restraining orders, and other penalties.
New Jersey has some of the toughest gun laws in the nation. It requires universal background checks, gun owner licensing, and adherence to strong concealed carry laws. This may have helped New Jersey have the fourth-lowest gun death rate in 2022.
There is no stand-your-ground provision in New Jersey. A person's duty to retreat is almost always in effect. The exception is in a person's dwelling, which falls under the castle doctrine. A person is justified in using reasonable force as self-defense in their home.
New Jersey's Criminal Justice Reform program has made strides in reforming the bail system. In 2017, after a voter referendum, cash bail was replaced with a risk assessment system. People awaiting trial are kept in prison if they are deemed a threat to society. The inability to post cash bail is replaced by a conditional discharge.
The results have been positive. Crime rates are down, as are the number of people in jail awaiting trial. The Public Safety Assessment used to decide bail conditions is available for public review.
Dealing with charges of criminal activity and related offenses is frightening. Your future hinges on the outcome. A skilled New Jersey criminal defense lawyer can help craft an affirmative defense if there is no probable cause, offer an insanity defense, argue for a disqualification, or broker a deal with the county prosecutor.