No matter what state you live in, crimes fall under different groups to classify them. This grouping typically reflects the seriousness of the different types of crimes committed. There are usually different classifications that these types of crimes are divided into by the courts. It typically starts at the lowest classification, moving up to the highest. The groups are infractions, misdemeanors, and felonies. The purpose of these classifications is to help create a more efficient system and make a pattern that society can follow when it comes to how these crimes impact it.
How Are Crimes Classified in New Jersey?
In general, criminal offenses in New Jersey are grouped by their severity, allowing the courts to determine the appropriate penalties and prosecution procedure. As such, these categories can impact the fines, jail time, and imprisonment that someone can face, as well as which court they are handled in. Familiarizing yourself with the different classifications of criminal offenses can help you get a better understanding of the severity of a criminal charge and the potential penalties it carries.
Overview of New Jersey Crime Levels
- Petty Disorderly Persons Offense: Minor violations, typically handled by municipal courts
- Disorderly Persons Offenses: More Serious than typical infractions, but not yet indictable crimes
- Indictable Crimes (Felonies): These are first through fourth-degree offenses handled by the Superior Court system
Petty Disorderly Persons Offenses and Disorderly Persons Offenses
These are the least serious criminal offenses in New Jersey. As such, they are generally handled by the municipal court where the offense occurred, and usually involve short jail terms or imposition of fines as punishment
Examples of Lower-Level Offenses
- Simple assault resulting in only minor injuries
- Disorderly conduct or public disturbance
- Shoplifting low-value items
- Harassment
Potential Penalties
- Up to 30 days in jail for petty disorderly persons offenses
- Up to 6 months in jail for disorderly persons offenses
- Fines and court costs
- Potential participation in community service
- Potential probation
What Are Indictable Crimes in New Jersey?
Unlike other states that use the term “felony,” New Jersey classifies serious criminal offenses as indictable crimes. This is because these cases often require a grand jury indictment before being prosecuted in the Criminal Division of the Superior Court. Additionally, these crimes are divided into four degrees of severity.
Degrees of Indictable Crimes
- Fourth Degree: Least severe indictable offenses
- Third Degree: Mid-level felony offenses
- Second Degree: Serious violent crimes or offenses involving high-value property
- First Degree: Most severe indictable crimes, generally involving homicide or serious violent offenses
Sentencing Overview
- Fourth Degree: Up to 18 months in prison
- Third Degree: Potential for three to five years in prison
- Second Degree: Potential for five to ten years in prison
- First Degree: Potential for ten to twenty years in prison, though sentences may be increased for certain crimes
Examples of Crimes by Category in New Jersey
As mentioned, certain offenses are classified by their conduct, harm, and the value of property or damages involved. Familiarizing yourself with the types of offenses that are generally considered disorderly persons versus those classified as indictable can help you get a better understanding of what kinds of crimes are considered more serious.
Common Disorderly Persons Offenses
- Simple assault
- Minor drug possession
- Disorderly conduct
- Offensive language
Common Indictable Crimes
- Theft involving high-value items
- Sexual assault
- Drug distribution
- Robbery
- Homicide offenses
How Do Theft Crimes Show Classifications in New Jersey?
In New Jersey, theft crimes are often used to show how offenses in New Jersey are classified by their severity, as these are largely based on the value of the property involved in the offense and the circumstances surrounding the crime.
Theft-Degree Breakdown
- Disorderly Persons Theft: Property valued under $200
- Fourth Degree Theft: Property valued between $200 and $500
- Third Degree Theft: Property valued between $500 and $75,000, OR theft of certain property like vehicles or firearms
- Second Degree Theft: Property valued at $75,000 or more
Where Are Criminal Cases Handled in New Jersey?
The location where your criminal case will be prosecuted depends on the severity of the offense. As such, you’ll find that more minor charges are generally prosecuted through the municipal courts, while serious crimes are generally handled through the county Superior Court.
Court Structure in New Jersey
- Municipal courts generally handle petty and disorderly offenses
- The Criminal Division of the Superior Court in the county where the crime occurred will generally handle indictable offenses
- Cases may require a grand jury indictment before the case can continue
Why Does Crime Classification Impact How a Case Proceeds in New Jersey?
While you may understand that the classification of a criminal offense can impact the penalties, you should also understand that it controls how the case proceeds through the legal system, the rights of a criminal defendant, and what steps the prosecution must follow.
How Procedure Changes Based on the Crime Level
- A disorderly persons offense generally starts with a complaint in municipal court and does not require a grand jury
- Indictable crimes generally require a grand jury indictment before a trial can begin
- The severity of the charges can impact bail and pretrial motions, like formal discovery
- Sentencing rules and parole eligibility will vary by the degree of the offense
Getting Help for These Types of Crimes
No matter what the classification of the crime you’re being accused of is, you deserve proper assistance with your circumstances. You should seek out professionals who have experience working with the different types of crimes that fall within these different situations. While many of these crimes fall specifically in a particular classification, there are times and circumstances when the crime may become more serious than it would typically be. Even small infractions and disorderly persons offenses can have a lasting impact on your life if you are convicted. A legal professional experienced in handling similar situations can often be beneficial. They can work towards getting the best outcome possible for your case.
Contact Our Mercer County Criminal Defense Firm Today
In New Jersey, you can count on the Law Office of Douglas Herring to assist you with your defense. Contact us today to discuss your case and how the different types of crimes can impact it. Let us help you to find the best path forward in your case that will work towards minimizing the negatives. You deserve an experienced defense attorney who will fight for you.
