New Jersey Felony: Laws, Penalties, Sentencing, and Records

In New Jersey, a felony is any offense that can lead to a prison sentence of at least 18 months. Unlike most states, New Jersey does not use the term “felony.” The state classifies crimes into “indictable offenses” (felonies), “disorderly persons offenses” (misdemeanors), and “petty disorderly persons offenses” (minor misdemeanors).

Indictable crimes are divided into four degrees (first through fourth). The first degree includes the most serious offenses, while the fourth-degree crimes are less severe offenses.

What Is Considered a Felony in New Jersey?

Felonies (indictable offenses) in New Jersey are defined under the New Jersey Criminal Code (N.J.S.A. Title 2C – Code of Criminal Justice). Common New Jersey felonies include:

• Violent Crimes: Murder, manslaughter, aggravated assault, robbery, rape, kidnapping.
• Drug Crimes: Distribution, trafficking, and manufacturing of controlled substances.
• Property Crimes: Arson, burglary, auto theft, and theft of property worth $200 or more.
• White-Collar Crimes: Fraud, embezzlement, forgery, identity theft.
• Weapons Offenses: Possession of firearms without a permit, unlawful possession of weapons, and use of firearms during crimes.

Certain misdemeanors can be classified as felony-level indictable offenses. For instance:

• Theft is considered an indictable crime when the value goes over $200.
• Assault is upgraded to aggravated assault (an indictable offense) if it results in serious injury or involves the use of a weapon.

What Is a Felony in New Jersey?

In New Jersey, a felony is known as an indictable offense, which can lead to a punishment of at least 18 months in state prison.

Consequences of being convicted of a felony (indictable offense) in New Jersey include:

• Prison sentences ranging from 18 months to life.
• Fines up to $200,000 for severe felonies.
• Loss of rights, including the right to vote while incarcerated.
• A permanent criminal record affects employment and housing opportunities.

Felony Classes and Penalties in New Jersey

New Jersey divides indictable offenses into four degrees:

New Jersey Indictable Offense Degrees

• First-Degree Crimes
  • First-degree crimes include but are not limited to serious offenses like murder, manslaughter, kidnapping, rape, and large-scale drug trafficking.
  • Penalty: Anyone convicted of these crimes may face 10 to 20 years imprisonment. However, offenders may face life imprisonment for murder.
  • Fine: Offenders may also be required to pay a fine of up to $200,000.
• Second-Degree Crimes
  • Second-degree crimes include robbery, aggravated assault, certain sexual assaults, and mid-level drug distribution.
  • Penalty: This category of offense attracts a prison sentence of 5 to 10 years.
  • Fine: Offenders may also be required to pay a fine of up to $150,000.
• Third-Degree Crimes
  • Third-degree crimes include burglary, theft between $500 and $75,000, fraud, and lower-level drug distribution.
  • Penalty: Anyone convicted of these crimes faces a prison sentence of 3 to 5 years.
  • Fine: Offenders may also pay up to $15,000 in fines.
• Fourth-Degree Crimes
  • Fourth-degree crimes include criminal mischief, forgery, certain weapons charges, and theft between $200 and $500.
  • Penalty: This category of indictable offenses attracts a short prison sentence of 18 months.
  • Fine: Offenders may also pay up to $10,000 in fines.

Felony Sentencing Guidelines in New Jersey

Sentencing in New Jersey is governed by statutory guidelines, judicial discretion, and mandatory minimums.

Key Sentencing Factors

1. Statutory Ranges: Statutory ranges are the required minimum and maximum sentences for every felony offense.
2. Mandatory Minimums: This term refers to the least amount of time a person must spend in prison for each type of felony conviction.
3. Aggravating Factors: These are factors that can increase the severity of a felony sentence.
4. Mitigating Factors: Mitigating factors are circumstances that can lessen the severity of a felony sentence. For example, a judge might lessen a felony sentence if the individual is a first-time offender.
5. Probation and Pretrial Intervention (PTI): Some offenders, especially those charged with nonviolent third- and fourth-degree offenses, might be eligible for probation or diversion programs.
6. Parole: The New Jersey State Parole Board decides who is eligible for parole.

Felony Laws and Procedures in Major New Jersey Cities

Newark (Essex County)

In Newark, felonies are prosecuted in the Essex County Superior Court. This court is considered one of the busiest courts in the state, with caseloads ranging from civil suits to criminal proceedings. You can access records through the Essex County Clerk or the New Jersey Courts online system.

Jersey City (Hudson County)

Felony cases in Jersey City are managed by the Hudson County Superior Court. The court deals with cases related to violent crimes, narcotics trafficking, and property crimes. You can find records at the Hudson County Clerk’s Office.

Trenton (Mercer County)

Felonies in Trenton are tried in the Mercer County Superior Court. This court hears various cases, including fraud, burglary, and violent crimes. Records can be accessed through the Mercer County Clerk or statewide systems.

How to Search for Felony Records in New Jersey

New Jersey offers both online and in-person access to felony records.

1. New Jersey Courts Public Access Portal

The Public Access Portal allows the public to search for felony case records by name, case number, or attorney. Records typically include:

• Case number and docket details.
• Charges filed.
• Court location.
• Sentencing outcomes.

2. Superior Court Clerk’s Offices

To obtain certified felony case files, you may submit a request to the Superior Court Clerk’s Office in the county where the felony was prosecuted.

3. New Jersey State Police – Criminal Records Unit

The Criminal Records Unit of the State Police maintains official statewide criminal history reports. Employers, licensing boards, and individuals can request fingerprint-based checks.

4. Local Police Departments

Police maintain arrest and incident reports. You can submit requests under the New Jersey Open Public Records Act (OPRA).

5. Third-Party Background Checks

There are private services that offer access to New Jersey felony records. However, it is always best to use reliable sources such as official court and State Police records.

Open vs. Sealed Records

• Open Records: The majority of felony convictions are public.
• Expungement: New Jersey allows expungement of certain felony convictions after a waiting period. Generally, you must wait five years after finishing your sentence for indictable crimes. However, in some cases, you may be eligible to apply for expungement after only four years. You can expunge only one indictable conviction (felony) and up to three disorderly persons offenses (misdemeanors).

Why Understanding Felonies in New Jersey Matters

In New Jersey, felony (indictable) convictions have long-lasting consequences that extend beyond just serving time and paying fines. They can strip away civil rights, make job hunting more difficult, and restrict access to housing. It is crucial for individuals, employers, and organizations to be aware of New Jersey's felony laws, the associated penalties, and how to access records.

Felonies in New Jersey are divided into four degrees. The penalties differ greatly, starting from 18 months for fourth-degree crimes and reaching up to life in prison for first-degree offenses.

You can obtain felony records using the New Jersey Courts Public Access Portal. Alternatively, you may contact Superior Court Clerks in the county where the case was prosecuted or search theState Police Criminal Records Unit website.