In New Jersey, indictable offenses are serious criminal charges that correspond to felonies in other states. These offenses are prosecuted more rigorously than disorderly persons offenses – New Jersey’s equivalent to misdemeanors – and carry significant potential penalties.
If you’re facing an indictable offense charge in New Jersey, you’re likely feeling overwhelmed and uncertain about your future. Knowing what constitutes an indictable offense in NJ and the potential defenses that can be used is essential for anyone facing criminal charges.
What Types of Crimes Are Considered Indictable Offenses in NJ?
Indictable offenses in New Jersey encompass a wide range of serious criminal activities. These crimes are categorized by their severity and can include violent crimes, property crimes, and drug offenses. Common examples of indictable offenses include:
- Homicide – Murder, manslaughter, and vehicular homicide are some of the most severe indictable offenses.
- Sexual assault – Crimes such as rape and aggravated sexual assault fall under this category.
- Robbery – Taking property from another person by force or threat is classified as robbery, an indictable crime.
- Aggravated assault – This includes causing serious bodily harm or using a deadly weapon in an assault.
- Burglary – Going into a structure intending to commit a crime inside, particularly when armed, can lead to burglary charges.
- Drug distribution – The sale, distribution, or possession with intent to distribute controlled substances is an indictable offense.
These crimes are considered more severe than disorderly persons offenses and are prosecuted in the Superior Court rather than municipal courts. The prosecution must present evidence to a grand jury, which then decides whether there’s enough evidence to indict the accused and proceed to trial.
What Are the Different Degrees of Indictable Offenses?
Indictable offenses in New Jersey are divided into four degrees, with first-degree offenses being the most serious. Each degree carries specific penalties that can vary depending on the crime’s circumstances and the defendant’s criminal history:
- First-degree offenses – These are the most serious crimes, including murder, armed robbery, and aggravated sexual assault.
- Second-degree offenses – Crimes like sexual assault, reckless vehicular homicide, aggravated arson, and armed burglary are typically second-degree offenses.
- Third-degree offenses – These can include crimes such as motor vehicle theft, some drug offenses, arson, and certain types of aggravated assault.
- Fourth-degree offenses – These are the least severe indictable offenses, including forgery, cyber harassment, and criminal mischief.
The degree of the offense significantly impacts the penalties one might face, making it crucial to understand the charges and potential outcomes.
What Are the Penalties for Indictable Offenses in New Jersey?
Indictable offense penalties in New Jersey can be severe and life-altering, depending on the category of the offense:
- First-degree crimes – 10 to 20 years in prison, while some crimes may result in a life sentence, plus fines up to $200,000
- Second-degree crimes – 5 to 10 years in prison and fines up to $150,000
- Third-degree crimes – 3 to 5 years in prison and fines up to $15,000
- Fourth-degree crimes – As much as 18 months in prison and fines up to $10,000
In addition to prison time and fines, being convicted of an indictable offense can result in:
- A permanent criminal record
- Loss of voting rights
- Difficulty finding employment
- Loss of professional licenses
- Restrictions on owning firearms
- Immigration consequences for non-citizens
New Jersey has a “No Early Release Act” (NERA) for violent crimes, requiring offenders to serve at least 85 percent of their sentence before they become eligible for parole.
What Are Some Possible Defenses for Indictable Offenses?
When facing an indictable offense charge, a strong defense strategy is crucial. Some potential defenses include:
- Lack of probable cause – Challenging the legality of the arrest or search that revealed evidence that led to the charges
- Alibi – Presenting evidence that you were elsewhere when the crime occurred
- Self-defense – Demonstrating that your actions were necessary to protect yourself or others
- Mistaken identity – Proving that you were wrongly identified as the perpetrator
- Violation of constitutional rights – Arguing that your rights were violated during the arrest or investigation process
- Insufficient evidence – Demonstrating that the prosecution lacks enough evidence to prove you are guilty beyond a reasonable doubt
- Entrapment – Showing that law enforcement induced you to commit a crime you wouldn’t have otherwise committed
- Mental incapacity – Arguing that you were mentally incapable of understanding your actions at the time of the offense
A skilled criminal defense attorney will thoroughly investigate the case to determine the most effective strategy for your unique situation.
What Is the Criminal Statute of Limitations in New Jersey?
The statute of limitations sets a time limit for prosecutors to file criminal charges after an alleged offense. In New Jersey, the statute of limitations varies depending on the severity of the crime:
- Murder and manslaughter – No statute of limitations
- Sexual assault – No statute of limitations
- Criminal sexual contact with a minor – 5 years after the victim turns 18, or 2 years after the victim realizes the offense, whichever is later
- Other indictable offenses – Generally, 5 years from the date of the offense
- Official misconduct and bribery – Within 7 years after the crime is discovered
However, there can be exceptions to these general rules. It’s crucial to consult with an experienced criminal defense attorney to understand how the statute of limitations applies to your specific case.
Contact a New Jersey Criminal Defense Lawyer
If you’re facing an indictable offense charge in New Jersey, the stakes are high, and the legal process can be complex and intimidating. At the Law Office of Jason A. Volet, we understand the stress and uncertainty you’re experiencing. Our dedicated team of criminal defense attorneys has the knowledge, experience, and commitment to fight tirelessly for your rights and freedom.
Don’t face this challenging time alone. Contact the Law Office of Jason A. Volet today for a free, confidential consultation. We’ll review your case, explain your options, and develop a robust defense strategy tailored to your circumstances. Remember, prosecutors want to convict, but we work hard to try to prevent this from happening. Let us get to work on your defense today.
