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
5.0
Based on 175 reviews
jemsley canela
jemsley canela
23:10 22 Mar 23
Lauren Serrano
Lauren Serrano
19:45 04 Mar 23
Extremely professional, on time, and responds immediately with any questions or concerns I had. Exceptional lawyer!
John B.
John B.
01:36 10 Feb 23
I met Alan and right off the bat I knew he was a straight shooter........I was facing alot of time and he didn't sugar coat my worst outcome and best outcome for hiring him to defend me.He was very reasonable priced and answered all my questions even if I repeated myself.All the way upto my court date he was responsive to all my calls and concerns. Other lawyers wanted outrageous fees and would tell me what i wanted to hear. Alan isn't like that at all. Not only was my case dismissed but he gave me great life advice. He is a true definition of a scholar and a gentleman!!!!!
Geselle Linares
Geselle Linares
21:31 22 Jan 23
I just wanted to get on here and say how amazing Alan is. He is very friendly and professional. He took care of everything and thankfully I did not stress one bit. Every time I had a question he was sure to answer within a reasonable time. If anyone is thinking about hiring him do not hesitate to contact him or his team!
Rosales Karen
Rosales Karen
03:24 18 Dec 22
Exelente abogado merece más de 5 estrellas una persona seria humilde el abogado alan es bien educado habla español trata de lo mejor A sus clientes exelente persona 😄 ✌
Drew C
Drew C
22:39 15 Dec 22
Just want to express my gratitude for Alan and how he handled the case in a professional, transparent and timely manner. I was pulled over on a bs stop and was hit with multiple fines on top of a criminal offense and it was handled as smoothly as I could possibly ask for. Thank you again Alan.
Aleco
Aleco
21:21 13 Dec 22
This guy is down to earth friendly, easily works with you and is the best of the best when it comes to law. Alan really helped me out on a tough case and I couldn’t recommend anyone better.
Jonathan Rodriguez
Jonathan Rodriguez
15:16 05 Dec 22
Best lawyer in town very happy with the results, communication and pricing, Alan will fight for you to get the best results. After one year he never stop working in my case until he got what he wanted for me. 100% I will back if I ever need his help again.
Quashawn Ross
Quashawn Ross
16:15 25 Oct 22
I wanted to wholeheartedly thank you for your expertise and wisdom regarding my matter. You fount hope for me when I thought there wasn’t any. Thank you for your exceptional service and professionalism you displayed throughout my case and afterwards. I had to make sure I left you a thoughtful review, as it was well needed. Once again thanks from the heart. I’d recommend you a thousand times. No fabricated representation, just real results.
D S
D S
20:51 19 Sep 22
Absolutely Amazing Law Firm !! Very Thorough And And Doesn't Play Any Games .Thank You Again For all your help and Hard work Also Keeping my record Spotless !!!
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