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  • Morristown Office 973-309-7050
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The Law Offices of Jonathan F. Marshall

Morris County

NJ Criminal Defense Lawyers


Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

Free Consultation

Fourth Degree Felony

Felony Criminal Defense Lawyers in Morristown NJ

What are the Penalties for a Fourth Degree Felony in New Jersey?

In New Jersey, offenses are categorized as either Indictable or Non-Indictable (the functional equivalent of felony and misdemeanor). Indictable offenses are crimes, and are separated into four categories, known as “degrees”. A Fourth Degree crime is the lowest level of an indictable offense, meaning that it has the least severe consequences in the event of a conviction or guilty plea. Although a Fourth Degree crime is the least serious indictable offense, it is still handled in Superior Court (at the county level), and it still carries the loss of legal rights associated with all other indictable offenses. These rights include the right to vote and the right to sit on a jury. Some of the most common fourth degree felonies issued in Morris County, New Jersey are possession of marijuana with the intent to distribute, criminal mischief, shoplifting, aggravated assault, stalking and receiving stolen property. If you have been charged with a fourth degree felony in towns like Madison, Butler, Denville, Dover, Montville, Chatham, Washington Township or Mount Olive, it is imperative that you speak to an experienced criminal defense attorney as soon as possible. If you would like to set up a free initial consultation with any one of the eight Morris County, New Jersey criminal defense lawyers on staff at the Law Office of Jonathan F. Marshall, please contact our Morristown Office at 973.309.7050. Our attorneys are available 24/7 to help assist you in any way possible.

What are the Penalties for a Crime of the Fourth Degree in NJ?

A Fourth Degree Crime is punishable by a maximum term of imprisonment of 18 months and a maximum fine of up to $10,000. A conviction of a crime of the 4th Degree also goes on the Defendant’s criminal record, meaning that it will appear on a background check.

Will I definitely go to prison if I’m convicted of a Crime of the Fourth Degree?

There is something known as a presumption of non-incarceration in New Jersey that attaches to crimes of the fourth degree. This basically means that, for a first-offense, the Defendant is likely to avoid receiving a custodial sentence (prison time). Although this presumption is beneficial to many criminal defendants, it is important to realize that it is only a presumption and not a guarantee. The sentencing court looks for aggravating or mitigating factors and the circumstances of the case before determining whether or not to sentence a Defendant to a period of incarceration.

What are common Fourth Degree Crimes in New Jersey?

Some of the most common Fourth Degree crimes prosecuted in New Jersey include Possession of More than 50 Grams of Marijuana, certain types of Assault, Criminal Mischief, Unlawful Taking of Means of Conveyance (Joyriding), Criminal Trespass, and Promoting Prostitution.

Experienced Morristown NJ Criminal Defense Attorneys

At the Law Office of Jonathan F. Marshall we have eight criminal defense lawyers on staff, making our office one of the largest criminal defense firms in the entire State, let alone Morris County. If you have been charged with a crime like marijuana distribution, heroin possession, stalking, terroristic threats or burglary in towns like Pequannock, Mendham, Rockaway, Dover or elsewhere in Morris County, we can help. If you have any further questions please do not hesitate to contact our Morristown office at 973.309.7050.