What are the Different Levels of Crimes and Offenses?

​There are multiple levels of crimes and offenses in the State of New Jersey. The term crime is typically associated with criminal charges, which are categorized as felonies and carry a term of at least six months imprisonment (N.J.S.A. 2C:1-4(a)(1)). There are four classifications or grades of crimes in New Jersey, namely 1st degree, 2nd degree, 3rd degree, and 4th degree (N.J.S.A. 2C:43-1). Generally, 1st degree crimes are the most serious (i.e. imprisonment between 10 and 20 years N.J.S.A. 2C:43-6) followed by 2nd degree crimes (i.e. imprisonment between 5 and 10 years N.J.S.A. 2C:43-6). Next are 3rd degree crimes (i.e. imprisonment between 3 and 5 years N.J.S.A. 2C:43-6) followed by 4th degree crimes, which are the least serious crimes (i.e. imprisonment up to 18 months N.J.S.A. 2C:43-6). Ordinarily, there is a presumption of non imprisonment (N.J.S.A. 2C:44-1) associated with 3rd and 4th degree crimes. However, there are certain exceptions when that presumption does not apply (i.e. N.J.S.A. 2C:12-1(b)(12) Aggravated Assault-Domestic Violence, N.J.S.A. 2C:12-1.1 Knowingly Leaving the Scene of an Accident Resulting in Serious Bodily Injury, N.J.S.A. 2C:29-2 Eluding Police) and some 3rd and 4th degree crimes have mandatory minimum periods of parole ineligibility (i.e. N.J.S.A. 2C:40-26 Operating Motor Vehicle During Period of License Suspension). In addition, crimes referred to as high misdemeanors are categorized as 3rd degree crimes and crimes referred to as misdemeanors are categorized as 4th degree crimes (N.J.S.A. 2C:43-1).

​The term offense is typically associated with quasi-criminal matters, namely disorderly persons offenses, petty disorderly persons offenses, municipal ordinance violations, and motor vehicle offenses. Disorderly persons offenses and petty disorderly persons offenses are classified as quasi-criminal offenses and are not crimes within the meaning of the New Jersey Constitution (N.J.S.A. 2C:1-4(b)(1)). Generally, disorderly persons offenses are the most serious type of quasi-criminal offense (i.e. imprisonment up to 6 months N.J.S.A. 2C:1-4) and traffic offenses are the least serious. However, there are exceptions due to the fact that certain offenses that are categorized as motor vehicle and traffic offenses (i.e. N.J.S.A. 39:3-40 Driving While License Suspended or Revoked, N.J.S.A. 39:4-50 Operating Under the Influence of Liquor or Drugs, and N.J.S.A. 39:4-129 Leaving the Scene of an Accident), have mandatory jail sentences depending upon the facts, circumstances, and the number of prior offenses. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the the offense beyond a reasonable doubt.

​The information above is a brief overview of the levels of crimes and offenses. You should contact an experienced criminal defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.