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New Jersey Indictable Offenses Lawyer

When we think of criminal acts terms like felony and misdemeanor typically come to mind. However, in the state of New Jersey, criminal offenses are classified under different terminology. An indictable offense is comparable to a felony in other states, which is a serious criminal charge. A disorderly persons offense in NJ is comparable to a misdemeanor in other states, which is considered a lower-level crime.

On this page, you’ll find important information about indictable offenses (felonies) and why you should contact a felony lawyer in NJ if you’re facing an indictable offense charge.

For immediate assistance, contact NJ Indictable Offenses Lawyer John B. Fabriele, III to schedule a free consultation at (732) 487-3223.

What is an Indictable Offense in NJ?

An indictable offense in NJ is similar to a felony in other states. While we will use the terminology interchangeably throughout this page, it’s important to note that an indictable offense is the official legal term for crimes at this level in New Jersey. Some examples of indictable offenses (felonies) include:

  • Felonious assault (sexual assault or aggravated assault)
  • Money laundering
  • Drug distribution
  • Kidnapping
  • Shoplifting
  • Robbery
  • Burglary
  • Arson
  • Forgery
  • Unlawful possession of a firearm

Below we’ll discuss how indictable offenses are classified in the state of New Jersey. It’s important to speak with an NJ felony attorney as soon as possible after an indictable offense arrest.

How Indictable Offenses in New Jersey Differ from Misdemeanors

In New Jersey, misdemeanors are called disorderly persons offenses. The lowest level of offense you can be charged with is a “petty disorderly persons offense.” By definition, this charge is punishable by a maximum of $500 in fines, 30 days in county jail, and any related court costs/mandatory penalties.

Of course, spending time in jail is never ideal. That said, if you’re convicted of a petty disorderly persons offense, you’ll typically be able to put the whole thing behind you within a fairly short period.

But indictable offenses—which are akin to felonies—are the most severe charges you can face in New Jersey.

These are punishable by a sentence in a New Jersey state prison, staggering fines, and potentially life-altering probationary requirements.

Penalties for Each Degree of Indictable Offenses in New Jersey

Indictable offenses in NJ are broken down into 4 different levels, with fourth-degree being the least serious and first-degree being the most serious. Let’s take a look at some examples of first, second, third, and fourth-degree crimes and what the penalties are for each classification of an indictable offense, starting with first-degree felonies:

First-Degree Indictable Offenses

First-degree indictable offenses are the most serious crimes. Some examples are:

  • Rape
  • Homicide
  • Kidnapping
  • Aggravated Arson

Penalties for first-degree indictable offenses can include 10 years or more in prison and fines up to $200,000.

Second-Degree Indictable Offenses

Examples of second-degree indictable offenses:

  • Robbery
  • Distribution of drugs
  • Aggravated assault
  • Sexual assault

Penalties for second-degree felonies can include 5 or more years in prison and $150,000 in fines.

Third-Degree Indictable Offenses

Examples of third-degree indictable offenses:

  • Criminal restraint
  • Burglary
  • Aggravated assault
  • Arson

Penalties for third-degree felonies in NJ can involve 3 or more years in prison and fines up to $15,000.

Fourth-Degree Indictable Offenses

Examples of fourth-degree indictable offenses:

  • Trespassing
  • Forgery

Penalties for fourth-degree felony crimes can result in 18 months in jail and $10,000 in fines.

Remember that penalties and punishments for indictable offenses often go far beyond fines and jail time. For instance, you may lose your driver’s license, be required to perform community service, or take part in a substance abuse treatment program.

Regardless of whether you were charged with a fourth-degree or a first-degree indictable offense, it’s crucial to speak with a NJ indictable offense lawyer immediately following your arrest. An experienced NJ felony attorney like John B. Fabriele III can clearly explain the potential consequences of your charges and build a powerful case for your defense.

Hire an Experienced, Strategic NJ Indictable Offense Attorney to Fight for Your Freedom

Being charged with an indictable offense in New Jersey has the potential to negatively impact your life for decades to come. This isn’t just about mind-numbingly high fees and lengthy incarceration—everything from your housing options to your job opportunities could be forever altered.

Working with a highly experienced, strategic, and attentive NJ indictable offense lawyer is the best way to protect your rights while fighting for your freedom. The state of New Jersey takes an extremely harsh stance on these crimes, and they’ll do their best to make sure you face the maximum penalties.

If you or a loved one has been charged with an indictable offense, call NJ Felony Lawyer John B. Fabriele III at (732) 487-3223 now for your free consultation.

Frequently Asked Questions About Indictable Offenses in NJ

An indictable offense in NJ is a serious charge and you’re going to need strong legal resources to fight it. Below are answers to some of the most frequently asked questions about indictable offenses that John B. Fabriele III hears daily.

Should I just plead guilty to an indictable offense?

No, we never advise clients to just plead guilty to an indictable offense. It’s normal to feel intimidated or bullied by prosecutors and law enforcement as a first-time offender. You may even believe you have no other option but to plead guilty.

Remember that a skilled NJ indictable offense lawyer will explore every single potential path for getting your charges dismissed or reduced. To get a better understanding of what happens after a felony arrest in NJ and why you shouldn’t plead guilty, contact John B. Fabriele III today.

What are common mistakes to avoid when facing an indictable offense charge in New Jersey?

Common mistakes to avoid when facing an indictable offense charge in New Jersey include:

  • Speaking to the police post-arrest without your attorney present
  • Attempting to hide, destroy, or obfuscate evidence in any way
  • Posting on social media about your case
  • Trying to contact witnesses or collect evidence behind the prosecution’s back
  • Agreeing to a plea deal before discussing it with your lawyer
  • Being disrespectful to the judge and court officers/employees
  • Getting angry, loud, or frustrated in the courtroom
  • Waiting until later in the legal process to hire a criminal defense attorney

Your priorities following your arrest should be to not incriminate yourself and to hire legal representation ASAP. Trying to take matters into your own hands will almost certainly result in a worse outcome.

Is DUI a felony in NJ?

Yes, a DUI can be charged as an indictable offense (felony) in NJ depending on the circumstances.

Generally, if you’re a first-time DUI offender pulled over with a BAC of .08% or higher, you’ll ultimately be charged with a traffic violation, not a disorderly persons offense (misdemeanor) or an indictable offense (felony).

However, in more dire situations, DUI can be increased to a serious criminal charge. For instance, if you’re pulled over with a young child in your car and you’re driving under the influence, your charges may be increased to a disorderly persons offense or an indictable offense.

Examples of where a DUI is a felony in NJ may include driving under the influence and seriously injuring or killing a person in an accident. In severe situations like this, it’s important to work with a criminal defense attorney who specializes in felony DUI cases.

Can charges for indictable offenses in New Jersey be negotiated down?

Yes, charges for indictable offenses in New Jersey can be negotiated down in certain circumstances. There are several different ways in which a skilled NJ criminal defense attorney can help you achieve this.

The first thing to look into is whether all protocols and requirements were met throughout your arrest and booking. After all, you still have rights after being accused of a crime—even if it’s regarding a serious offense.

So, if any evidence was gathered without following these guidelines, your attorney can get that evidence suppressed so it can’t be used in court.

When this happens, it becomes much simpler to get your charges negotiated down.

Your attorney may also be able to work towards a favorable plea deal. As your case unfolds, you will likely receive various offers from the prosecution. The more evidence your attorney can secure in your favor, the more likely it is to negotiate your charges down.

How does bail work for indictable offenses in New Jersey?

For indictable offenses in New Jersey, bail works similarly to how it does for disorderly persons offenses: it’s a system based on managing risk.

Said another way, the amount needed to secure bail—and whether you’re eligible for bail at all—depends on the nature of your crime and a few other details. For violent crimes, a judge may decide that bail just isn’t an option.

Here are the main factors that go into determining bail for indictable offenses in New Jersey:

  • The severity of your crime
  • Whether you’re a flight risk
  • How likely it is that you’ll be convicted
  • Your prior arrests and convictions
  • Your current mental state
  • Your existing ties to the community
  • Whether you have stable employment
  • What your financial resources are

There are also different types of bail the judge may set:

  • Bail bonds, which are essentially a check obtained through a bond seller
  • Property bail, which allows you to put up property as collateral (such as your home)
  • 10% bail, which involves paying up to 10% of your total bail amount
  • Full cash bail, in which case you’ll have to pay the full bail amount

Can my social media impact my case for an indictable offense in New Jersey?

Yes, your social media can absolutely impact your case for an indictable offense in New Jersey. There are a few different ways the prosecution may utilize your posts and data.

Let’s say your Facebook posts are set to public—meaning anyone can look you up and read them, whether you know the person or not. You’ve pleaded not guilty, but you’ve also made posts about committing the crime and “pulling one over” on the police.

This public admission of guilt can be used as evidence against you.

Additionally, it’s common for social media posts to include the location and time. Prosecutors can use this information to pinpoint your movements during the crime and tie you to the scene.

Even if you never directly say anything about the alleged offense, you could still be in trouble. The prosecution can look at your past posts to portray a “pattern of behavior” or paint you in an unflattering light to the jury.

Do I need a lawyer if I’m facing indictable offense charges in NJ?

Yes, we highly recommend you work closely with a seasoned felony lawyer if you’re charged with an indictable offense in NJ. Since indictable offenses are the most serious crimes a person can commit, prosecutorswill do everything they can to punish those accused.

Remember that you’ll be facing long prison sentences and incredibly high fines, which can completely change the course of your life.

To lower your risk of these penalties, you need to work with a trustworthy, experienced, and knowledgeable indictable offense attorney who has a history of successful results. Your criminal defense lawyer can help you understand each step of the criminal justice process and feel confident in your defense strategy.

So always remember that you don’t have to handle an indictable offense case on your own. If you or a loved one are facing indictable offense changes in New Jersey, contact NJ Criminal Defense Attorney John B. Fabriele III today at (732) 487-3223 to schedule your free consultation.