Facing an indictable offense charge in New Jersey can be overwhelming, given the serious legal consequences and penalties involved. While consulting an experienced criminal defense attorney is crucial for securing the best possible outcome, understanding the legal process can also be highly beneficial.
Whether you’ve been charged with an indictable crime or simply want to expand your legal knowledge, here’s a breakdown of what New Jersey considers an indictable offense—along with some common examples.
Defining Indictable Offense
An indictable offense in New Jersey refers to a serious crime prosecuted in the state’s superior court and carries the potential for a lengthy prison sentence and significant fines. Unlike certain offenses in other states classified as felonies or misdemeanors, New Jersey indictable offenses are divided into degree crimes, with first-degree crimes being the most serious crimes and fourth-degree indictable offenses representing the least severe.
Before trial, a grand jury must review the case and issue an indictment. Individuals facing multiple crimes of different degrees may receive harsher penalties, especially if a prior conviction exists. Those charged with these offenses should seek guidance from a criminal defense attorney, as the consequences extend beyond incarceration and affect employment, housing, and more.
An Overview of Indictable Crimes in New Jersey
First-degree
Crimes in this category carry penalties of 10 years to life in prison, often with mandatory minimum sentences
- Murder – Intentional or reckless killing under aggravated circumstances
- Aggravated sexual assault – Non-consensual sexual penetration involving force, coercion, or a victim incapable of consent
- Aggravated manslaughter – Killing another person under reckless or heat-of-passion circumstances
- Kidnapping – Unlawful abduction with intent to hold for ransom, commit a crime, or inflict harm
- Leader of a drug trafficking network – Directing a large-scale narcotics operation
- Human trafficking – Forcing or coercing individuals into labor, servitude, or sexual exploitation
- Aggravated arson – Intentionally starting a fire to destroy property or endanger lives
Second-degree
Second-degree convictions typically result in 5 to 10 years in prison, with limited parole opportunities.
- Robbery – Theft involving force, threats, or use of a deadly weapon
- Sexual assault – Non-consensual sexual contact under coercive or exploitative conditions
- Drug distribution – Possessing or selling significant quantities of controlled substances
- Unlawful possession of a firearm – Carrying a firearm or prohibited weapon without proper authorization
Third-degree
These convictions can lead to 3 to 5 years in prison, depending on the severity of the crime.
- Simple burglary – Unlawfully entering a structure with intent to commit a crime
- Aggravated assault – Causing serious bodily injury with a deadly weapon or reckless disregard for human life
- Terroristic threats – Threatening violence to cause public panic or disrupt government operations
- Drug possession: Having heroin, cocaine, and other substances in one’s possession
- Theft between $500 and $75,000 – Stealing money or property within this value range
Fourth-degree
Fourth-degree offenses typically result in up to 18 months in prison but may allow probation instead of incarceration. While less severe than higher-degree crimes, these charges still remain part of a permanent criminal record.
- Stalking – Repeatedly following, harassing, or threatening another person to instill fear
- Forgery – Altering, creating, or using false documents with intent to deceive
- Certain fraud offenses – Committing insurance fraud, identity theft, or other deceptive financial crimes of lesser severity
- Resisting arrest – Using minimal force or interference to obstruct law enforcement from making a lawful arrest
Disorderly Persons Offenses vs. Indictable Offenses
Not all crimes in New Jersey qualify as indictable. Lesser offenses are called disorderly person offenses, which include minor theft and simple assault. A disorderly person’s offense carries up to six months in jail, while a petty disorderly person’s offense results in a maximum of 30 days.
Unlike degree indictable offenses, these do not require a grand jury indictment and are handled in municipal court. However, multiple disorderly person offenses on a record can still lead to harsher sentencing over time.
If You Need a Seasoned Defense Attorney in New Jersey, Call Shugar Law Office
At Shugar Law Office, our criminal defense attorneys in New Jersey help clients with a variety of charges, including drug possession, gun possession, and more. Contact our firm today to schedule a consultation and speak with our team of legal professionals.
