Degrees of Offenses

Defending Clients Charged With Criminal Offenses in New Jersey

Being charged with criminal offense can be stressful and overwhelming. A conviction for a criminal offense can have devastating consequences including jail or prison time. It can also impact employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of criminal offenses throughout New Jersey. With a proven track record of success, Ms. Denholtz has handled approximately 1,500 felony-level cases to conclusion.

Ms. Denholtz handles her cases with exacting attention to detail and works tirelessly to ensure her clients receive the best possible outcome for their individualized situation. At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing criminal charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

In New Jersey, there are different classes of offenses and degrees of crimes:

1st Degree
- 10 – 20 years in prison
- Discretionary fine of up to $200,000
- Presumption of Imprisonment (N.J.S.A. 2C:44-1(d)) applies

2nd Degree
- 5 – 10 years in prison
- Discretionary fine of up to $150,000
- Presumption of Imprisonment (N.J.S.A. 2C:44-1(d)) applies

3rd Degree
- 3 – 5 years in prison
- No presumption of imprisonment
- Discretionary fine of up to $15,000
- Presumption of Non-Incarceration If No Priors (N.J.S.A. 2C:44-1(e))

4th Degree
- Up to 18 months in prison.
- No presumption of imprisonment.
- Discretionary fine of up to $10,000
- Presumption of Non-Incarceration If No Priors (N.J.S.A. 2C:44-1(e))

Disorderly Persons Offense
- Up to 6 months in jail.
- No presumption of imprisonment.
- Discretionary fine of up to $1,000
- Presumption of Non-Incarceration If No Priors (N.J.S.A. 2C:44-1(e))

Petty Disorderly Persons Offense
- Up to 30 days in jail.
- No presumption of imprisonment.
- Discretionary fine of up to $500
- Presumption of Non-Incarceration If No Priors (N.J.S.A. 2C:44-1(e))

Mandatory Fines: There are certain mandatory fines associated with pleading guilty to anything in New Jersey.

Victim’s of Crime Compensation: $50 fine for each offense goes to the Victims of Crime Compensation fund. See N.J.S.A. 2C:43-3.1.

Safe Neighborhood Services Fund: $75 fine for each conviction goes to the Safe Neighborhood Services Fund. See N.J.S.A. 2C:43-3.2.

Law Enforcement Officer’s Training and Equipment Fund: One fine of $30 goes to a Law Enforcement Officer’s Training and Equipment Fund. See N.J.S.A. 2C:43-3.3.

Restitution: Pursuant to N.J.S.A. 2C:44-2(b), the court may order a defendant to pay restitution for any pecuniary loss suffered by the victim. Restitution is subject to proof of the amount and the defendant's ability to pay.

Parole Ineligibility Period: Pursuant to N.J.S.A. 2C:43-6(b), the sentencing judge may choose to impose a period of parole ineligibility as part of a custodial sentence—the period can be fixed to up to half of the term of the sentence where the defendant will be ineligible for parole. This can be done only where the sentencing judge finds that the aggravating factors of the case substantially outweigh the mitigating factors. So, for example, if a person receives a 5-year sentence, the judge may order that the defendant must service at least 2.5 years of that sentence before being eligible for parole.

Presumption of Imprisonment: Pursuant to N.J.S.A. 2C:44-1(d), if a defendant is convicted of a 1st or 2nd degree offense, then there is a presumption that the person will serve prison time. This presumption can be overcome if, when considering the character and condition of the defendant, imprisonment would be a serious injustice which overrides the need to deter such conduct by others.

Presumption of Non-Incarceration: Pursuant to N.J.S.A. 2C:44-1(e), a person convicted of a crime other than a 1st or 2nd degree who has not previously been convicted of an offense shall not be imprisoned unless having regard for the nature and circumstances of the offense, and the history, character, and condition of the defendant, the court believes imprisonment is necessary for the protection of the public. This presumption of non-incarceration does not apply if the court finds certain aggravating factors OR if the person is convicted of certain enumerated offenses.

Contact a New Jersey Criminal Defense

Lawyer for a Free Consultation

The consequences of a criminal conviction can be devastating. It can impact employment, housing, finances, education, reputation, and relationships. Criminal cases are also very complex and highly specialized. If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney.

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.