Indictable Offenses (Felony)

What is an Indictable Offense in NJ?

First Degree Indictable Offenses and Penalties in New Jersey

In Hudson County, as well as the rest of New Jersey, first degree crimes are some of the most serious types of offenses a criminal defendant could face. Accordingly, these offenses will carry the some of the most severe penalties as required by a first degree crime under N.J.S.A. 2C:43-1. Under the New Jersey Criminal Code, a variety of crimes will trigger a first degree charge. Some of the crimes include:

  1. Murder
  2. Manslaughter
  3. Drug Distribution (Large Quantities)
  4. Money Laundering
  5. Aggravated Sexual Assault
  6. Disarming a Police Officer
  7. Maintaining or Operating a Drug Facility
  8. Kidnapping
  9. Aggravated Arson

These are just a few of the crimes a defendant may potentially face as a first degree offense. In Hudson County, New Jersey, first degree crimes are considered an indictable offense. As such, a first degree charge will be under the jurisdiction of the Hudson County Superior Court and will be prosecuted by the Hudson County Prosecutor’s Office.

What are the Penalties for a First Degree Offense?

While certain first degree offenses will carry additional penalties (i.e. kidnapping), a conviction for a first degree offense is statutorily prescribed a certain minimum set of penalties. If convicted of a first degree crime, the defendant will face between ten (10) and twenty (20) years in a New Jersey State Penitentiary. In addition to a term of imprisonment, the defendant will also face a fine upwards of $200,000.

Second Degree Felonies and Penalties

In Hudson County, as well as the rest of New Jersey, second degree crimes are an indictable offense. Accordingly, these offenses will carry the some of the most severe penalties as required by a second degree crime under N.J.S.A. 2C:43-1. Under the New Jersey Criminal Code, a variety of crimes will trigger a second degree charge. Some of the crimes include:

  1. Theft by Extortion
  2. Aggravated Assault
  3. Unlawful Possession of a Handgun
  4. Sexual Assault
  5. Possession of a Weapon During a CDS Offense
  6. Robbery

These are just a few of the crimes a defendant may potentially face as a second degree offense. As mentioned, second degree crimes are considered an indictable offense. As such, a second degree offense will fall under the jurisdiction of the Hudson County Superior Court and will be prosecuted by the Hudson County Prosecutor’s Office.

What are the Penalties for Second Degree Felony?

While certain second degree offenses will carry additional penalties (i.e. Sexual Assault), a conviction for a second degree offense is statutorily prescribed a certain minimum set of penalties. If convicted of a second degree crime, the defendant will face between five (5) and ten (10) years in a New Jersey State Penitentiary. In addition to a term of imprisonment, the defendant will also face a fine upwards of $150,000.

Third Degree Indictable Offenses and Penalties

In Hudson County, as well as the rest of New Jersey, third degree crimes are an indictable offense. Accordingly, these offenses will carry the severe penalties as required by a third degree crime under N.J.S.A. 2C:43-1. Under the New Jersey Criminal Code, a variety of crimes will trigger a third degree charge. Some of the crimes include:

  1. Possession of a Controlled Dangerous Substance
  2. Aggravated Assault
  3. Criminal Restraint
  4. Shoplifting
  5. Burglary

These are just a few of the crimes a defendant may potentially face as a third degree offense. As mentioned, a third degree crime is also known as an indictable offense. As such, a third degree felony will likely be under the jurisdiction of the Hudson County Superior Court and will likely be prosecuted by the Hudson County Prosecutor’s Office.

What are the Penalties for Third Degree Felony?

While certain third degree offenses will carry additional penalties, a conviction for a third degree offense is statutorily prescribed a certain minimum set of penalties. If convicted of a third degree crime, the defendant will face between three (3) and five (5) years in a New Jersey State Penitentiary. In addition to a term of imprisonment, the defendant will also face a fine upwards of $15,000.

Fourth Degree Felony and Penalties

In Hudson County, as well as the rest of New Jersey, fourth degree crimes are an indictable offense. Accordingly, these offenses will carry certain penalties as required by a fourth degree crime under N.J.S.A. 2C:43-1. Under the New Jersey Criminal Code, a variety of crimes will trigger a fourth degree charge. Some of the crimes included are:

  1. Possession of Marijuana
  2. Aggravated Hazing
  3. Contempt
  4. Forgery
  5. Criminal Trespassing
  6. Criminal Mischief
  7. Lewdness
  8.  Stalking

This list is not exhaustive, as there are many other crimes that will qualify as a fourth degree crime. As mentioned, fourth degree crimes are considered an indictable offense. As such, a fourth degree charge will most likely be under the jurisdiction of the Hudson County Superior Court and will likely be prosecuted by the Hudson County Prosecutor’s Office unless they decide to remand the matter back to the local municipal court where the matter arose out of.

What are the Penalties for Fourth Degree Felony?

While certain fourth degree offenses will carry additional penalties, a conviction for a fourth degree offense is statutorily prescribed a certain minimum set of penalties. If convicted of a fourth degree crime, the defendant will face up to eighteen (18) months in a New Jersey State Penitentiary. In addition to a term of imprisonment, the defendant will also face a fine upwards of $10,000.

Hudson County NJ Felony Defense Lawyer

The Law Office of Jonathan F. Marshall is experienced Hudson County criminal defense firm. We have over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you or a loved one has been charged with a criminal offense like aggravated assault, carjacking, marijuana possession, or stalking.