In New Jersey, indictable crimes are like felonies in other states. When the law classifies crimes as second-degree offenses, it signals that the charges are quite serious – just one step below the most severe first-degree crimes. These charges carry harsh consequences, including prison time, large fines, and a lasting criminal record.
If you are facing charges for a second-degree crime in New Jersey, you shouldn’t wait to find out what might happen next. The steps you take now could affect your case, your legal options, and your future. At times like these, it’s best to team up with a skilled defense attorney who can review the evidence against you, explain your rights, and push back against the charges.
Common Second-Degree Indictable Offenses in New Jersey
Some common crimes charged in the second degree under New Jersey law include:
- Aggravated assault – Aggravated assault becomes a second-degree crime when it involves causing or attempting to cause serious bodily injury purposely or knowingly. It can also be second-degree assault if it happens under circumstances that suggest extreme indifference to human life.
- Sexual assault – Sexual assault involves sexual contact when the victim is under 13 and the defendant is at least four years older. It’s also a second-degree offense to commit sexual penetration with specific factors, such as using coercion or not having consent.
- Drug distribution – Distribution or possession with intent to distribute controlled substances like heroin or cocaine in quantities of half an ounce to five ounces or less than 100 milligrams of LSD is a second-degree offense.
- Eluding – Eluding law enforcement with a vehicle becomes a second-degree crime when the flight or attempt to elude creates a risk of death or injury.
- Death by auto – Causing death while driving recklessly, such as by driving under the influence or texting and driving, constitutes a second-degree crime.
- Robbery – Robbery is a second-degree crime if the accused uses force, threats, or intimidation during the theft.
- Burglary – Burglary rises to second-degree if the actor is armed, inflicts or threatens bodily injury, or displays an apparent weapon during the act.
- Unlawful possession of a weapon – Unlawful possession of a handgun or machine gun without a permit is a second-degree crime.
- Possession of a weapon for unlawful purpose – Possessing a firearm or explosive with intent to use it unlawfully against another person or their property is a second-degree crime.
- Computer criminal activity – Altering, damaging, or destroying any data, database, computer, network, software, and other computer-related elements qualifies as a second-degree offense.
- Aggravated arson – Arson becomes aggravated and a second-degree crime if someone starts a fire or explosion and knowingly or purposely puts someone in danger of injury or death or tries to destroy a structure or forest.
- Endangering welfare of children – Child endangerment is a second-degree offense when someone with a responsibility to care for a child abuses or neglects them or engages in sexual conduct that would corrupt their morals. Certain child pornography crimes would also be second-degree offenses.
What Happens If I’m Charged with a Second-Degree Felony?
If police charge you with a second-degree crime in New Jersey, your legal situation will change quickly. Depending on the situation, officers might arrest you at the scene or issue a summons for you to appear in court. If you get arrested, you could spend time in jail while waiting for your first court appearance. In second-degree cases, especially those involving violence, weapons, or drugs, the court often holds a hearing to decide whether you can remain free while your case moves forward.
At your first court appearance, a judge will read the charges against you and decide whether to release you or order detention. Prosecutors often argue that people charged with second-degree crimes should stay in jail until trial, especially if the charge involves a risk to others or they have a criminal history.
Next, your case enters the pre-indictment stage. At this point, you might receive an offer from the prosecutor to resolve your case through a plea deal. If you don’t accept it, the prosecutor can bring the case to a grand jury. That jury reviews the evidence and decides whether to issue a formal indictment. If you are indicted, your case moves toward trial or further negotiations.
Throughout this process, you will likely be subject to strict rules. Courts might order you to avoid contact with certain people, stay in a specific area, or give up any firearms. You might need to report to pretrial services or attend court dates regularly. This process can move swiftly, so it’s important to take action early and work with a defense lawyer who understands second-degree charges.
Penalties for a Second-Degree Indictable Offense in New Jersey
A second-degree crime in New Jersey carries serious consequences, ranging from prison time to fines and special parole rules.
Prison
If you plead guilty or are convicted at trial, the judge can sentence you to prison for anywhere between 5 to 10 years. This sentencing range applies to all second-degree crimes unless another law imposes stricter terms.
In most cases, you won’t qualify for probation. The court will usually send you to prison unless there’s a rare and strong reason not to. Even people with no prior criminal record can face prison time for second-degree crimes if the facts of the case meet the legal criteria.
Fines
In addition to incarceration, second-degree crimes can also result in steep fines. The law allows fines of up to $150,000, depending on the nature of the offense. If the charge involves drugs, the fine can increase based on the street value of the substance. If someone lost money or property due to the alleged crime, the court may also order you to pay restitution. That would mean you’d have to pay the alleged victim back, even if you are already serving time or paying fines.
Parole
Some second-degree crimes, such as robbery, burglary, and aggravated arson, come with rules about parole. Under the No Early Release Act (NERA), the offender must serve at least 85 percent of their sentence before they are eligible for parole.
The Graves Act also applies to certain second-degree offenses involving weapons. The defendant must serve at least half of their sentence or 42 months, whichever is greater, before they can qualify for parole.
Second-degree charges don’t just bring long sentences – they also bring serious financial and legal burdens that can follow you long after your release. Having a knowledgeable criminal defense lawyer on your side who can aggressively fight for you is critical.
Presumption of Imprisonment for Second-Degree Crimes
In New Jersey, second-degree crimes come with a presumption of imprisonment. This means the court must usually sentence you to prison if you’re found guilty. Judges must follow this rule unless there is evidence showing that sending you to prison would cause an unfair outcome that outweighs the need for punishment.
This presumption applies no matter the charge. Even first-time offenders typically face prison for second-degree crimes. The law treats these offenses as too serious to overlook, especially if they involve harm to others, the use of weapons, or threats to public safety.
Courts can still consider your background in deciding whether to incarcerate you. If you have strong community ties, a history of good conduct, and no record, your lawyer could argue for a lighter sentence. However, judges must explain in detail why they’re going against the presumption. Most of the time, they follow it and impose a prison term.
In some cases, other laws make prison time mandatory. For example, if you use a firearm during a robbery, the court must impose a minimum sentence for you to serve before you can apply for parole. This adds another layer of punishment beyond the standard range of 5 to 10 years.
If you’re facing a second-degree charge, understand that the court will likely send you to prison if you’re convicted. You must begin fighting the charge early to try to avoid that outcome, before the court reaches the sentencing phase. A strong legal defense at the start of a case often makes the biggest difference in the end.
Call Our New Jersey Criminal Defense Attorneys for Help
People facing serious charges in New Jersey turn to the Law Offices of Jonathan F. Marshall because they want someone who knows how to handle second-degree crimes – someone who won’t back down when the stakes are high.
If you’re facing a second-degree charge in New Jersey, know that you don’t have to go through the justice system alone. The Law Offices of Jonathan F. Marshall has a team of seasoned defense attorneys with over 200 years of combined experience to place at your disposal, along with a history of favorable results and testimonials. Contact us now to arrange your free consultation and learn how we can help you protect your future.
