Monday, December 16, 2013

Sentencing in New Jersey for Crimes and Disorderly Person’s Offenses

Elizabeth (Union County) New Jersey
Tel: (908) 354-7006
New Jersey Criminal Defense Attorney

Under New Jersey you can only be convicted of a crime, which is a felony, and must be adjudicated in Superior Court, or a disorderly  person’s offense which is are normally adjudicated in Municipal Court.  

Any sentence which exceeds over six-months is a crime in New Jersey, anything less, is a disorderly person’s offense.  N.J.S.A. 2C:1-4   Disorderly and petty-disorderly offenses are not crimes under the New Jersey Constitution.  Note, unlike most states, New Jersey does not have misdemeanors. 

Upon being convicted of a felony depending on the degree of the offense you will be sentenced as follows:  (1) Crimes of the first degree, 10-20 years in prison, or life depending on the particular offense of prior record; (2) Crimes of the second degree, 5-10 years in prison, or more, depending on the prior record, or offense committed; (3) Crimes of the third degree, 3-5 years in prison, again depending on the crime or prior record; (4) Crimes of the fourth degree are 18-months, but again depending on the crime committed and prior record could be more.  N.J.S.A. 43-1

With Disorderly person’s offenses the maximum  sentence  is six months in prison. N.J.S.A. 2C:1-4.

If you are a registered alien or seeking a green card and you want to remain in the United States you must not be convicted of a felony, or in some cases a disorderly person’s offense, involving crimes of moral turpitude, such as prostitution, or theft offenses, and other disorderly person’s offenses which show lack of good character.  See Immigration Table for Check List of Offenses that May Result in Deportation and/or Inadmissibility to the United States.

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