What is an Indictable Offense in NJ?
Morris County NJ Indictable Offense Defense Attorneys
Sometimes referred to as felonies, indictable offenses consist of the most severe crimes punishable under New Jersey law. Some of the most common indictable offenses charged in Morris County, New Jersey are heroin possession, possession of marijuana with the intent to distribute, cocaine possession, burglary, aggravated assault and eluding. Indictable offenses will vary imprisonment penalties anywhere from twenty years to eighteen months. Those offenses the comprise the makeup of indictable offense are classified by degree and include:
- First Degree Offenses (link)
- Second Degree Offenses (link)
- Third Degree Offenses (link)
- Fourth Degree Offenses (link)
These penalties associated with these offenses differ in severity, first degree being the most severe and fourth degree being the least severe of the indictable offenses. Crimes that typically come to mind when you think of a felony or indictable crime are criminal homicide, rape, sexual assault, robbery, arson, and fraud. Also, indictable offenses are under the jurisdiction of the Morris County Superior Court and prosecuted by the Morris County Prosecutors Office.
What are the Penalties for Indictable Crimes?
The penalties each of these crimes carries are set out under N.J.S.A. 2C:43-6, though certain offenses expose a defendant to additional penalties. Generally, the maximum term of incarceration for a crime of the first degree is twenty years (20) and a fine of $200,000. For a crime of the second degree the maximum term of incarceration is ten (10) years and a fine of $150,000. For a crime of the third degree the maximum term of imprisonment is five (5) years and a fine of $15,000. Lastly, the maximum term of imprisonment if convicted of a crime of the fourth degree is eighteen (18) months and the a fine of $10,000.
Can I Get an Expungement for an Indictable Crime?
The short answer is maybe. Pursuant to N.J.S.A. 2C:52-2, a conviction for certain indictable crimes will not be possible. What this means is that a conviction for any of these crimes will be always be on your record. Therefore, potential employers will have this information accessible when deciding possible job placement or promotional candidacy. The list of non-expungeable crimes is rather exhaustive and includes the following:
- Criminal homicide except death by auto;
- Aggravated sexual assault;
- Sexual assault;
- Aggravated criminal sexual contact;
- Criminal sexual contact if the victim is a minor and the offender is not the parent of the victim;
- Criminal restraint or false imprisonment;
- Aggravated arson;
- Arson and failure to control or report a dangerous fire;
- Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child;
- Endangering the welfare of a child by photographing or filming a child in a prohibited sexual act;
- False swearing;
- or attempts to commit these abovementioned crimes.
- Human trafficking;
- Causing or permitting a child to engage in a prohibited sexual act;
- Selling or manufacturing child pornography;
- Knowingly promoting the prostitution of the actor’s child;
- Terrorism; and
- Producing or possessing chemical weapons, biological agents or nuclear or radiological devices.
Experienced Morris County NJ Felony Defense Attorneys
Indictable offenses in Morris County, New Jersey are difficult to handle without legal representation. The Legal team at the Law Offices of Jonathan F. Marshall has a wealth of experience defending individuals charged with first, second, third and fourth degree offenses at the Morris County Superior Court. If you or a loved one have been charged with an indictable offense, contact our Morristown or Parsippany Offices at for your free consultation today at 973-309-7050.