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Degree of Offenses in New Jersey

Essentially, crimes in New Jersey are categorized in four degrees. The statute governing the degree of offense in New Jersey is N.J.S.A. 2C:43-1 which reads in pertinent part:

§ 2C:43-1. Degrees of crimes

a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows:

(1) Crimes of the first degree;

(2) Crimes of the second degree;

(3) Crimes of the third degree; and

(4) Crimes of the fourth degree.

A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree.

b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree. Except as provided in sections 2C:1-4c. and 2C:1-5b. and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree.

Penalties for First, Second, Third, and Fourth Degree Crimes in NJ

Generally, the penalties imposed for crimes in New Jersey are as follows:

  • First Degree involves ten (10) to twenty (20) years in prison
  • Second Degree involves five (5) to ten (10) years in prison
  • Third Degree involves one (1) to five (5) years in prison
  • Fourth Degree involves up to eighteen (18) months in prison
  • Disorderly Persons Offenses involve up to six (6) months in prison

If you or a loved one has been charged with a criminal offense in New Jersey, the Law Offices of Alexander M. Iler can help. Contact our criminal defense attorneys immediately for a free initial consultation.

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