Whether the word is felony or misdemeanor, hearing the term in connection with a situation you might be facing can be panic-inducing. You listen to actors on TV shows throw the terms around sometimes interchangeably. But, there’s much more to facing either of those criminal charges than simple definitions. New Jersey’s criminal justice system works a bit differently from other nearby states in how it handles felonies and misdemeanors in the criminal justice system. If you are facing potential charges, know that the team at Shuttleworth Law, P.C., your felony defense lawyers, with our 20 years of hard-fought, hard-won experience, will determine the right approach for your situation, backed by the legal resources needed to deliver the best possible results.
New Jersey’s Unique Approach to Indictable Offenses
Unlike most other states, New Jersey doesn’t use the term “felony” in its criminal code. Instead, New Jersey uses the term “indictable offenses for what other states would typically call felonies. The Superior Court, which is New Jersey’s trial-level court, hears these serious crimes. The term “indictable” comes from the fact that these offenses typically require an indictment by a grand jury before the case can proceed to the trial stage. A grand jury is a group of citizens who review the evidence presented by the prosecutor and decide whether there’s enough evidence to justify a formal criminal charge. This process adds an extra layer of scrutiny to ensure that there’s enough evidence to justify a formal criminal charge.
Degrees of Indictable Offenses
New Jersey categorizes indictable offenses into four degrees, with first-degree crimes being the most serious and fourth-degree crimes being the least severe.
- First-degree crimes are the most extreme offenses. These include murder, rape, and large-scale drug trafficking. They carry potential sentences of decades in prison and hundreds of thousands of dollars in fines. First-degree crimes typically require a sentence of 10 to 20 years in prison.
- Second-degree crimes consist of burglary, robbery, and aggravated assault. These crimes require a sentence falling within 5 to 10 years in prison and a fine of up to $150,000.
- Third-degree crimes include possession of controlled substances and theft of property valued between $500 and $75,000. They warrant a sentence of 3 to 5 years in prison and fines up to $15,000.
- Fourth-degree crimes include stalking, forgery, credit card fraud under $500. These crimes face a potential sentence of up to 18 months in prison and a fine of up to $10,000.
The actual sentence any conviction may carry will likely be based on the specific circumstances of the crime, the defendant’s criminal history, plea negotiations, and other factors the court may consider.
Long-Term Consequences of Indictable Offenses
The effects of a conviction for an indictable offense don’t end when the prison sentence is served, and the terms of any applicable parole are completed. A conviction for an indictable offense in New Jersey can have far-reaching consequences beyond the immediate penalties. As a convicted person, you may not be able to vote, or own a firearm. You will now have a criminal record that often must be disclosed to potential employers or even landlords. Non-citizens convicted of certain indictable offenses may face deportation or be denied entry into the United States.
An indictable offense conviction can lead to a professional license being revoked or be suspended. In addition, some educational institutions may deny admission or financial aid to individuals with certain criminal convictions. As you can see, you must consult with felony defense lawyers to ensure that you have someone on your side to protect your rights if facing an indictable offense. There is too much on the line not to.
Recent Trends and Changes in New Jersey Criminal Law
New Jersey’s criminal justice system is always evolving. Recently, it implemented significant bail reform, moving away from a cash bail system to one based on risk assessment, even for indictable offenses. Expungement may now be an option for certain indictable offenses. Expungement allows more individuals to clear their records of certain indictable offenses, and it lets them be in a better position to move forward with their lives. There has also been an increased focus on rehabilitation for drug-related crimes. Expanded drug court programs are now offering alternatives to traditional sentencing. In addition, with the legalization of recreational marijuana, many previous marijuana-related indictable offenses are downgraded or eliminated. These changes reflect a shift towards a more rehabilitative and less punitive approach in the New Jersey criminal justice system.
Protect Your Rights! Call Our New Jersey Felony Defense Lawyers.
Understanding what constitutes a felony – or an indictable offense – is crucial to determining the risk you face for any alleged activity. These serious crimes carry significant penalties and long-lasting consequences. At Shuttleworth Law, P.C., your felony defense lawyers, it is our job to help you understand the charges, know and defend your rights, and apply the best strategy for your defense. Remember, being charged with an indictable offense is not the same as being convicted. You have rights and deserve a robust defense. We are here to help you every step of this process, with the potential for a positive outcome.
You can learn more about your legal rights and options with a lawyer during a Free Case Evaluation at 888-529-3486. You can also reach out to us online by messaging us confidentially online today.
