New Jersey Crime Degrees Made Simple

Top Rated NJ Criminal Lawyer

New Jersey crime degrees are simple to understand.
Remember this: first is the worst!
First-degree charges carry the maximum penalties.
These charges carry ten-year mandatory minimum prison terms.
Fourth-degree charges are the least serious. You face up to 18 months.

In Jersey, we don't use the word felony

In Jersey, we don’t use the word felony.
We do not use the term “Felony” to designate the most serious type of crime degree.
Instead, we the term for a felony is “Indictable Offense”.
If you face prison time, you are facing an “Indictable Offense”.  Makes sense?

Crime Degrees & The Presumption of Incarceration

1st & 2nd- Degree Charges have a “Presumption of Incarceration”.

This means that if you are found guilty or plead guilty to either a First or Second Degree crime, you must go to prison. The judge does not have discretion and incarceration is mandatory.

3rd & 4th- Degree Charges – generally do not have a Presumption of Incarceration. 

This means that the sentencing judge may have discretion and incarceration may not be mandatory. 

Getting sentenced to prison depends on many factors. If you have a lengthy criminal record and keep committing crimes, prison may be the only remedy.

We have provided a quick reference chart below.

Other States
New Jersey
Degree
Presumption of Incarceration
Prison Time
Felony
Indictable Offense
First
                Yes
10 + years
Felony
Indictable Offense
Second
                Yes
5 – 10 years
Felony
Indictable Offense
Third
                 No
3-5 years
Felony
Indictable Offense
Fourth
                 No
Up to 18 months

Crime Degrees & Prison Terms

The lower the number, the greater prison time you face.

Remember we said that first is the worst? Here’s another chart to help you.

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison. These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years. You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.

What about non-Felony charges?

  • The majority of other states use the term “Misdemeanor” to designate Minor criminal offenses.

In New Jersey, we use the terms “Disorderly Persons Offenses & Petty Disorderly Persons Offenses” when we refer to minor criminal offenses.

Penalties in New Jersey for Misdemeanors
  • Disorderly Persons Offenses – up to six months in jail & $1,000- fine.
  • Petty Disorderly Persons Offenses – up to 30 days in jail & $500- fine.

New Jersey Municipal courts are the most heavily trafficked courts in New Jersey. The state of New Jersey is home to over 560 municipalities. Each municipality has its own Municipal Court. Hundreds of thousands of cases are resolved at the Municipal Court level in New Jersey each year.

Marijuana Possession, Simple Assault, and Terroristic Threats are common misdemeanor charges in this state.

Another common misconception is that a DUI conviction in New Jersey is a felony. While 46 other states in the country have “felonized” DUIs, New Jersey still treats DUI convictions as Title 39 – traffic offenses. A DUI conviction or guilty plea will expose a defendant to jail time, but it will not appear on a criminal background check. But will a DUI affect employment?

Disorderly Persons Offenses and Petty Disorderly Persons Offenses WILL appear on a criminal background check. If you are found guilty or plead guilty to one of these offenses, he/she must wait five years and all fines must be paid before the conviction can be expunged.

Laws That Worsen Your Prison Sentence

The New Jersey Graves Act - N.J.S.A. 2C: 43-6

Anytime a gun comes into the picture, The Graves Act is triggered (No Pun Intended).

The Graves Act stands for the proposition that if a defendant pleads guilty OR is found guilty of a crime involving a gun, then the court must impose mandatory prison sentences and parole ineligibility. A person may have a stellar academic record and a completely clean criminal record, but it does not matter. There are no exceptions.

We have successfully represented clients facing serious mandatory prison time with both NERA & Graves Act sentencing enhancements.

These cases are extremely complicated and sensitive given the nature of the underlying crime and the State imposed mandatory minimums.

There are many factors that are to be considered in formulating a strategy when representing clients charged with these crimes.

Please schedule an appointment with us today so that we can explain how to go about obtaining a “Graves Act Waiver” and even pursuing a Pre-Trial Intervention (PTI) diverson to avoid prison altogether.

Crime Degrees Combined with NERA

In New Jersey, convictions for certain crimes result in a sentence imposed pursuant to the No Early Release Act (“NERA”). N.J.S.A. 2C:43-7.2.

You will have to serve 85% of your prison term before becoming eligible for parole.

The following are some of the crimes that trigger NERA:

*PLEASE NOTE: There are many more crimes which involve NERA.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent criminal lawyers in the Hackensack area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
4.9
Based on 201 reviews
Ronald Yee
Ronald Yee
1694793630
Peyrouton Law, LLC. has lifted the writer from a most serious legal issue that could have lead to incarceration as well as a very hefty fine. This attorney took immediate charge and was able to reduce the fine to one-half of the posted amount. Further at the time of first contact, Attorney Alan Peyrouton informed that within three years passing, Expungement would be -in fact- forthcoming.That time has come with Full Grant Of Expungement for which this writer will forever be grateful: a promise made and kept!!This attorney stood by this client and always available for consultation, never adding to the retainer fee paid, which also included the New Jersey State processing charge for expunging.The "Night-Mare" is over and the legal issue is erasedas if nothing happened almost three years ago.One can not go wrong by selecting this Exceptional Law Firm.Exceptional Value, Personal Service, Expertise, Professionalism, Etc. - All: Outstanding!!Respectfully submitted,Ronald Yee- Continuing Client.
Romario Guthrie
Romario Guthrie
1694044337
Depressed, confused, tired, giving up was all I was doing due to my charges I got and had to face until my attorney Alan showed up… my charges was definitely gonna put me away behind close doors and more than likely deported …it took 2+ years of investigations before we’ve heard anything at all .. lawyer Peyrouton called,left messages ,emailed throughout this time until he found a status for my case … by then it was so tense where it’d be federal where it was already pending at the Supreme Court but Alan worked his wonders and got it to the municipal court (don’t ask me how ) lol … (2 charges) he always shows up for court ,keeps me updated on everything as long as he heard any news …at the end of this hectic time of my life ,Alan could of made it possible for 1 of 2 to be dismissed and the other was lowered to a little over nothing charge ….being grateful is an understatement for me cause I surely thought this was the end but with an awesome lawyer that will work in silence but diligently , u can never go wrong ! Thank you again Alan 🫶🏽
zine benyahia hadria
zine benyahia hadria
1694035843
Thanks for your help Mr Allen
Eugene Kong
Eugene Kong
1693412197
Thank you so much, Alan! Alan saved me from getting a felony on my record and I only ended up having to pay court fees. I will be eternally grateful to you, Sir! I recommend this man to anybody who makes a mistake or gets in trouble.
AntRipollJr
AntRipollJr
1693344102
Allen took a case for me that could have had an enormous detrimental effect on my life . I was extremely nervous, but he assured me that with his extensive experience and knowledge, that I had nothing to worry about. He also was very clear to explain the potential and harmful consequences of this infraction. He got my case dismissed. Thank you, Allen!
Jessica Richardson
Jessica Richardson
1693238749
Attorney Alan G. Peyrouton has been a blessing to me. He was able to get my criminal charge dismissed on a first appearance with a low fine. Trust me, it wasn’t easy and he was quick to take on my case. Although my case was a misdemeanor, it still weighed heavy on my career, my reputation and being a divorced / single parent. Thank you Alan for your quick response and handling my case in a quickly matter. Your representation of my truthful character was solid and I will always appreciate you for that!
Orelda Williams
Orelda Williams
1693008599
Alan Peyrouton is a great lawyer. Answer calls and text messages promptly. Cares about his clients and he is a very kind person over all . My experience were awesome I will recommend others to him 😊
Vijay C
Vijay C
1692904964
He is very knowledgeable and polite ,impromptu whenever I called ,texted or meet him for all my doubts . Professional and trustworthy at his work
anup patil
anup patil
1692151094
Very much professional in his work, always approachable and responds quickly to all the calls or messages.Very much knowledgeable and smart to his work . Never took unnecessary charges/ fees .
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