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STATE CRIMINAL OFFENSES
Our attorneys have tried well over 500 criminal cases before juries and have probably handled thousands of other cases. Jeffrey Zucker, Saul Steinberg and Dennis Wixted were Assistant Prosecutors in Camden County. Dennis Wixted served as the First Assistant Prosecutor and headed the Homicide Division for several years. Saul Steinberg was the Police Legal Adviser before his entry into private practice. They have had tremendous experience in defense since leaving the Prosecutor's office. Murray Sufrin has also tried numerous cases defending those accuse of criminal offenses. Paul Sonstein recently joined our firm. He served for many years as a Judge of the Municipal Court in Logan Township, Gloucester County and Cherry Hill Township, Camden County.
GENERAL INFORMATION ABOUT CRIMINAL LAW IN NEW JERSEY
In New Jersey, offenses are characterized as Crime, Disorderly Person Offenses or Local Ordinance Violations.
CRIMES
Crimes are the more serious offenses. They are subcategorized in four groups: First degree; Second degree; Third degree and Fourth degree.
First Degree Crimes include murder; aggravated manslaughter; aggravated sexual assault; large scale distributions of prohibited drugs or possession of large amounts or manufacture; armed robbery and other serious offenses.
Second Degree Crimes include sexual assaults which are not aggravated; intermediate distribution, manufacture or possession with intent to distribute certain controlled substances; robbery while not armed; large scale thefts; official misconduct; perjury; vehicular homicide; serious burglaries and other offenses.
With respect to first and second-degree crimes, there is a presumption of imprisonment, meaning that even if it is the offender's first conviction, it is virtually certain that a State Prison sentence will be imposed by the sentencing Court.
Third Degree Crimes include lesser scale thefts; certain property crimes; unlawful weapons possessions (second degree if one has been previously convicted of certain enumerated crimes); lesser drug offenses; assault by auto; and other offenses.
Fourth Degree Crimes are the least serious crimes and include harassment if motivated by racial bias; marijuana possession of above 50 grams; sexual contact; and other lesser crimes.
There is a presumption against imprisonment if this is the offender's first conviction, which means that ordinarily the offender will be sentenced to probation and not to a state prison. However, a judge may impose a period of incarceration in the county correctional facility as a condition of probation, although this does not happen in the majority of first offense cases in the Third and Fourth degree range.
In some cases, a first time offender may enroll in the Pretrial Intervention Program (PTI). A period of probation is imposed after which the charges are dismissed. Six months thereafter, the offender may apply for expungement, or clearing, of the criminal record. Ordinarily, only those first offenders charged with Third or Fourth degree offenses will be permitted to enroll in PTI.
Expungement is available for some less serious crimes; but there are numerous crimes that can never be expunged. One may apply for expungement after the passage of 10 years from the date that the sentence and any conditions imposed has elapsed.
DISORDERLY PERSONS OFFENSES
These offenses are not crimes in the State of New Jersey. Therefore, they are handled in the Municipal Court of the municipality wherein the offense occurred. Those convicted of disorderly persons offenses (DP) are generally not sent to jail, although there are some rare exceptions.
Examples of DP offenses are possession of drug paraphernalia; possession of marijuana under 50 grams'; theft of small amounts of property; simple assault; harassment; first time violations of domestic violence; restraining orders; shoplifting and other similar offenses.
A DP conviction is not a criminal conviction although it is a conviction for an offense. Therefore, if one applies for a job and is questioned as to whether there has been a conviction of a crime, one may answer "no" if the conviction is of a disorderly persons offense.
Expungements of Disorderly Persons Offenses may be granted after the passage of 10 years from the date the sentence and any conditions imposed by the sentence has expired.
LOCAL ORDINANCE VIOLATIONS
These are the least serious offenses. There is some overlap between these offenses and DP offenses.
Examples of ordinance violations include noise offenses, keeping abandoned vehicles in front of one's property; failing to maintain property; public intoxication; general disorderly behavior; causing noxious fumes to be spread from one's property and other similar offense. Also some municipalities prohibit unsafe driving by local ordinance.
Expungements of local ordinances may be granted after the passage of 2 years from the date of the completion of the sentence and any conditions imposed.
If you’ve been charged with an offense in New Jersey, contact us immediately
by using the form above. You may also use our contact
page to
reach us. We will help explain the proceedings to you and help you prepare
and present your defense.
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