Fourth Degree Crimes & Penalties
In terms of indictable offenses in New Jersey, fourth degree crimes are the lowest grade. Notwithstanding, these violations are felony offenses that involve exposure to state prison time. In terms of specific penalties that apply to fourth degree crimes, N.J.S.A. 2C:43-1 sets forth the standard ones that apply to most of these charges. If you are facing a criminal offense of the fourth degree, we are available to assist you at 862-203-4070.
Fourth Degree Criminal Offenses in NJ
The Criminal Code of New Jersey establishes a grading system in terms of severity that apply to criminal violations. There is literally a laundry list of charges that fall within this grade including:
- Possession of CDS
- Aggravated Assault
- Distribution of Marijuana (i.e. less than one ounce)
- Shoplifting (i.e. $200-$500 in Merchandise)
This list is not exhaustive, as there are many other crimes that will fall within the fourth degree grade. As mentioned, fourth degree crimes are considered an indictable offense. As such, a fourth degree charge will likely be under the jurisdiction of the Passaic County Superior Court and will likely be prosecuted by the Passaic County Prosecutor’s Office.
What are the Penalties for Fourth Degree Offense?
While certain fourth degree offenses will carry additional penalties, a conviction for a fourth degree offense is statutorily prescribed a certain minimum set of penalties. If convicted of a fourth degree crime, the defendant will face up to eighteen (18) months in a New Jersey State Prison. In addition to a term of imprisonment, the defendant will also face a fine that can reach $10,000.
Are Fourth Degree Crimes Eligible for Pretrial Intervention?
If you are facing a fourth degree offense and have no prior diversions, you are eligible for Pretrial Intervention. While you are eligible for this program, the prosecutor can object and this will eliminate your candidacy.
Can I Really Go To Jail For A Fourth Degree Crime?
The truth is that you can go to jail but that there is a presumption of not going to jail if you have no prior criminal convictions. What this means is that the likelihood of going to jail is much less if you have no record. The same is not true if you have been convicted previously.
An attorney on our defense team is available to discuss this subject anytime 24/7 at 862-203-4070. Do not hesitate to give us a call if you need our assistance.