In New Jersey, felonies are defined as any criminal offenses which carry a term of imprisonment of one year or more. Felonies are not classified; for instance, the State does not classify its crimes by letter or number. The State does indicate the degree of the crime, from first degree to fourth degree crimes. First degree criminal charges are the most heinous of crimes and carry the most significant penalties, while fourth degree criminal charges carry a lower amount of imprisonment terms and/or fines.
New Jersey Felony Charges and Sentencing
There are four degrees of felony charges in New Jersey. These degrees, examples of such offenses and the sentence for the degree are as follows:
First Degree Felony Crime: Includes manslaughter, murder and rape.
Sentencing: Lifetime imprisonment
Second Degree Felony Crime: Includes extortion, theft, drug crimes, kidnapping, white collar crimes, burglary, sex crimes and others.
Sentencing: 10 years imprisonment
Third Degree Felony Crime: Includes possession of controlled substance such as a New Jersey Marijuana Felony Offense, DUI , robbery, theft, embezzlement and others.
Sentencing: 5 years imprisonment
Fourth Degree Felony Crime: Includes theft, felonious driving offenses, DUI (New Jersey DUI Felony), robbery and others.
Sentencing: 18 months in prison
New Jersey Felony Records and Expungement
New Jersey law permits the expungement of felonies, depending upon the particular crime. The following crimes can never be expunged:
- sex crimes
- murder
- manslaughter
- arson
- crimes against children
- robbery
- sale of hard drugs
- crimes committed by individuals holding a public office
Moreover, if an individual seeks to have a felony expunged, there are certain requirements which must be fulfilled before an application will be considered. These requirements include:
- no pending charges against the individual seeking expungement
- no other convictions in New Jersey or in any other state
- no other records expunged in New Jersey or in any other state
- probation, incarceration and payment of fines is complete and statutory time period has passed (presently, this time period is ten years)
New Jersey Felony Statute of Limitations
There is no statute of limitations for murder or rape in New Jersey. For other offenses, the statute of limitations for prosecution is generally five years. However, there may be exceptions to this rule; an experienced criminal attorney licensed to practice law in New Jersey can advise as to the particular time period in a certain matter. View all Criminal Statutes of Limitations in New Jersey
Help From a Lawyer in New Jersey for Felony Charges
If one is charged with a felony in New Jersey, one should consider retaining an experienced criminal attorney. An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights
