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Getting charged with a crime is stressful enough. Trying to decode legal terms you have heard on television or seen online only adds to the confusion. One of the most common questions people ask is about the difference between a misdemeanor vs felony and what that difference means for their future. Learning how New Jersey categorizes criminal charges is the first step toward understanding your situation.
New Jersey’s criminal laws divide crimes into two primary categories, disorderly persons offenses and indictable offenses. These are different terms than what people are accustomed to hearing. A disorderly persons offense is similar to a misdemeanor in other states. Indictable offenses are more serious crimes. There are four degrees of indictable crimes. First-degree classification is the more serious level.
While New Jersey doesn’t specifically use the term misdemeanor, disorderly persons offenses are at a similar level. They are typically minor and non-violent offenses. There are two subcategories: disorderly persons offenses and petty disorderly persons offenses. Many criminal offenses have multiple levels depending on the value of the damage or loss associated with the incident.
Indictable criminal offenses are generally similar to felony crimes. Fourth-degree crimes are the least severe, and they get progressively more severe up to first-degree crimes.
Although fourth-degree crimes are the lowest level of indictable offense, they should not be taken lightly. Depending on the circumstances, these charges can carry lasting legal and personal consequences.
Third-degree crimes frequently involve allegations that prosecutors view as posing a greater risk to public safety or financial harm. These charges often involve property crimes, drug offenses, or weapons violations.
Second-degree crimes typically involve conduct that lawmakers consider especially dangerous. They often involve allegations of violence, serious bodily injury, or large-scale criminal activity. Because these charges often carry substantial penalties, building a strong criminal defense becomes even more important.
At the highest level of New Jersey's criminal justice system are first-degree crimes. These cases often involve allegations of violence, loss of life, or other conduct that carries the state's harshest penalties.
The classification of a criminal offense affects much more than the potential penalties. It also determines how your case moves through the court system and what legal rights apply during the process.
Disorderly persons offenses are generally resolved in Municipal Court and do not require prosecutors to obtain a grand jury indictment. A judge decides these cases because defendants are not entitled to a jury trial.
Indictable offenses are prosecuted in Superior Court. Before trial, prosecutors generally present the case to a grand jury, which decides whether enough evidence exists to issue an indictment. Because these charges are more serious, defendants also have the right to a jury trial.
A criminal conviction will have an impact on your future in many ways. Having a criminal record can impact your ability to secure employment, professional licensing, and housing. A criminal charge doesn’t have quite the same impact, as the person is only accused of a crime and hasn’t been convicted. However, an arrest and charges are still on your criminal record. They will appear on certain background checks and may be required to be disclosed.
Responding quickly to criminal charges and taking them seriously will help protect your rights and future. Working with a criminal defense lawyer will help you understand your options. A lawyer can also advocate on your behalf. In many situations, a lawyer can negotiate a plea deal with the prosecuting attorney. There is the potential for more serious charges to be reduced to a lower-level offense. Some alternatives allow a defendant to complete a court-ordered program and have charges dismissed. These options can have a more favorable impact on your future long-term.
Individuals convicted of criminal offenses can face a broad range of penalties. The more severe the crime, the more severe the penalties. For example, someone convicted of disorderly persons offenses could face up to six months in prison. The maximum prison time increases to 18 months for fourth degree indictable offenses. For a first degree offense, it could be ten or even twenty years in prison.
Another common penalty is a fine. These start at up to $1,000 for minor criminal convictions. They can go up to $200,000 for first degree crimes.
The terms misdemeanor and felony may be used across the country, but New Jersey takes a different approach when classifying criminal offenses. Whether you are facing a disorderly persons offense or an indictable crime, understanding the seriousness of the charge and the potential consequences is an important part of protecting your future. Adam Lamparello, Esq. helps individuals facing criminal charges understand their rights and take steps to protect their future.
Schedule a consultation and discuss how an experienced New Jersey criminal defense attorney can help.
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