indictable crimes & non-indictable offenses
Examples of Crimes
- Murder
- Manslaughter
- Drug Distribution (Large Amounts)
- Money Laundering
- Aggravated Sexual Assault
- Disarming Police Officer
- Kidnapping
- Aggravated Arson
- Theft by Extortion
- Aggravated Assault
- Unlawful Possession of a Handgun
- Sexual Assault
- Robbery
- Possession of a Controlled Dangerous Substance
- Aggravated Assault
- Criminal Restraint
- Shoplifting
- Burglary
- Possession of Marijuana
- Forgery
- Criminal Trespassing
- Criminal Mischief
- Lewdness
- Harassment
- Simple Assault
- Shoplifting (under $200)
- Possession of Marijuana (under 50 grams)
Non-Indictable Offenses (disorderly persons and petty disorderly persons offenses)
Disorderly person offenses and petty disorderly person offenses are similar to misdemeanors in other states. These non-indictable offenses expose an alleged criminal offender to a maximum term of 6 months in jail. Non- indictable offenses are handled in the municipal court in the city, town, or borough where the alleged offense took place. Those defendants charged with non-indictable offenses handled in the municipal court are not entitled to a jury trial.
Defendants charged with a disorderly persons offense could face up to 6 months in jail and $1,000 in fines. Defendants charged with a petty disorderly persons offense could face up to 30 days in jail and a $500 fine.
Indictable Crimes
Much like a felony in other states, an indictable offense in new jersey exposes an alleged criminal offender to a term of imprisonment for more than 6 months. Indictable offenses are classified by degrees: 1st, 2nd, 3rd, and 4th – 1st being the most serious and 4th being the least serious. Indictable charges are handled in the superior court in the county where the alleged offense was committed.
Before an alleged criminal offender can be charged with an indictable offense, the matter must be presented to a grand jury. The grand jury must decide whether there is enough evidence to support a formal charge against the alleged criminal offender or pass a no bill and refuse to indict. If a defendant is charged with an indictable offense they are entitled to a trial by jury.
If a defendant is charged with an indictable offense the potential exposure is dependent on the degree of offense charged. The ordinary terms of imprisonment and fines are:
Between 10 and 20 years in prison and up to $200,000 in fines.
Between 5 and 10 years in prison and up to $150,000 in fines.
Between 3 and 5 years in prison and up to $15,000 in fines.
Up to 18 months imprisonment and up to $10,000 in fines.
For certain offenses there are enhanced ordinary terms such as: murder, first degree aggravated manslaughter, kidnapping in the first degree, human trafficking, aggravated sexual assault of a victim under the age of thirteen, carjacking, bias intimidation, gang criminality, promoting organized street crime, leader of a narcotics trafficking network, drug distribution to a minor or a pregnant female, terrorism…
Choose wisely
Choosing the right attorney could be one of the biggest decisions you will ever make
A conviction of a non-indictable offense or indictable crime could result in a criminal record. Multiple convictions could lead to enhanced sentencing or harsher sentencing. Having a criminal record could also affect one’s ability to obtain gainful employment. Those convicted of indictable offenses could also lose their right to vote, right to bear arms, and lose, or be unable to obtain, professional licensing. This is all in addition to the devastating impact that a term of imprisonment could have one’s life.
An experienced and knowledgeable attorney will: determine the merits of the charges, obtain any and all alleged evidence, judge the credibility of evidence, determine whether there are grounds for dismissal, discuss plea options, provide representation at trial, and (most importantly) protect the defendant’s constitutional rights.
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Getting arrested and charged with an offense is a scary and nerve racking experience. Let us help you through this difficult time.
We are ready to utilize our knowledge and experience to ensure that your rights are protected and get you the best result possible.