Fourth Degree Crimes in New Jersey: Charges, Penalties & Defense
Attorney Travis Tormey and his team have defended clients against fourth degree criminal charges across New Jersey, including Bergen, Morris, Essex, Passaic, Hudson, and Middlesex counties. This page explains everything you need to know about fourth degree crimes in New Jersey — what they are, how the court process works, what penalties you face, and what options may be available to protect your future.
What Is a Fourth Degree Crime in New Jersey?
New Jersey’s criminal justice system does not use the traditional “felony” and “misdemeanor” framework used by many other states. Instead, NJ law classifies crimes by degree. Indictable crimes — the equivalent of felonies — are divided into four degrees, with first degree being the most serious and fourth degree being the least serious.
Below indictable crimes are disorderly persons offenses and petty disorderly persons offenses, which are handled in municipal court and do not result in an indictable record. Fourth degree crimes, by contrast, are handled in the Superior Court of New Jersey, Law Division, Criminal Part, in the county where the offense is alleged to have occurred.
Even though fourth degree is the lowest tier of indictable crime, a conviction is treated the same as a felony conviction in every other state. That means it will appear on background checks, it can disqualify you from certain jobs and professional licenses, and it can carry immigration consequences for non-citizens.
The sentencing authority for fourth degree crimes is found at N.J.S.A. 2C:43-6.
The Court Process for Fourth Degree Charges in NJ
Understanding how fourth degree cases move through the court system can help you make informed decisions about your defense. Here is a general overview of the process:
Arrest and Complaint: The process typically begins with an arrest or the issuance of a criminal complaint. You may be detained or released pending a bail or detention hearing.
Grand Jury / Indictment: Fourth degree indictable crimes may proceed to a grand jury, which decides whether there is probable cause to formally charge you. In some cases, the prosecutor may proceed by way of a direct accusation, bypassing the grand jury entirely. An indictment does not mean you are guilty — it simply means the grand jury found enough evidence to proceed to trial.
Arraignment: Once indicted or accused, you are arraigned in Superior Court and asked to enter a plea. This is typically where a not guilty plea is entered and the case moves into the pre-trial phase.
Pre-Trial Proceedings: This phase involves discovery (exchange of evidence), motion practice, and, in many cases, plea negotiations or applications to diversionary programs such as PTI.
Trial or Resolution: Cases are resolved by guilty plea, dismissal, or trial by jury or judge. Travis Tormey and his team work to secure the best possible outcome at every stage — whether that is a dismissal, a downgrade to a disorderly persons offense, admission to a diversionary program, or an acquittal at trial.
Penalties for a Fourth Degree Crime in New Jersey
Under New Jersey law, a conviction for a fourth degree crime carries the following potential penalties:
- State Prison: Up to 18 months in New Jersey State Prison
- County Jail: Up to 364 days in the county jail (as an alternative to state prison)
- Probation: Up to 5 years of probationary supervision
- Fines: Up to $10,000
- Permanent Criminal Record: A conviction creates a permanent indictable (felony-equivalent) record
A judge has discretion in sentencing within these ranges and will consider factors such as your prior record, the nature of the offense, mitigating circumstances, and aggravating factors. Some fourth degree offenses carry specific sentencing enhancements — for example, certain weapons offenses may trigger mandatory provisions under the Graves Act. It is important to understand the specific statute you are charged under and whether any mandatory minimums apply.
Common Fourth Degree Crimes in New Jersey
Fourth degree crimes cover a wide range of offenses across the New Jersey Criminal Code. The following are among the most frequently charged:
| Offense | Statute |
|---|---|
| Shoplifting (items valued between $200–$500) | N.J.S.A. 2C:20-11 |
| Theft (property valued between $200–$500) | N.J.S.A. 2C:20-3 |
| Simple Assault (under certain circumstances) | N.J.S.A. 2C:12-1 |
| Possession of a Controlled Dangerous Substance (CDS) — certain quantities | N.J.S.A. 2C:35-10 |
| Stalking (first offense under certain circumstances) | N.J.S.A. 2C:12-10 |
| Criminal Mischief (property damage between $500–$2,000) | N.J.S.A. 2C:17-3 |
| Forgery | N.J.S.A. 2C:21-1 |
| Lewdness | N.J.S.A. 2C:14-4 |
| Unlawful Possession of Certain Weapons | N.J.S.A. 2C:39-5 |
| Credit Card Fraud (under certain thresholds) | N.J.S.A. 2C:21-6 |
Note: This list represents common examples only and is not exhaustive. The degree of a charge can vary depending on the specific facts of the case, the value of property involved, prior criminal history, and other statutory factors. All charge classifications should be confirmed with an attorney who can evaluate your specific situation.
Collateral Consequences of a Fourth Degree Conviction
Employment: Most employers conduct criminal background checks. A fourth degree conviction, as an indictable (felony-equivalent) offense, can disqualify you from jobs in law enforcement, education, healthcare, finance, and many other sectors.
Professional Licensing: New Jersey licensing boards for nurses, teachers, real estate professionals, contractors, and attorneys may deny, suspend, or revoke a license based on an indictable conviction.
Firearms Rights: A conviction for an indictable offense results in the loss of your right to possess or purchase firearms in New Jersey and under federal law. This applies to fourth degree convictions.
Immigration Status: Non-citizens convicted of an indictable offense may face serious immigration consequences, including deportation, denial of naturalization, or being found inadmissible to the United States. The specific impact depends on the nature of the offense and your immigration status — it is critical to consult with an attorney before resolving any criminal matter if you are not a U.S. citizen.
Housing: Landlords are permitted to consider criminal history in rental decisions. An indictable conviction can make it significantly harder to secure housing.
Voting Rights: In New Jersey, individuals on probation or parole for an indictable conviction temporarily lose their right to vote. Rights are restored upon completion of supervision.
Diversionary Programs for Fourth Degree Charges
One of the most important things to know about fourth degree charges is that there are alternatives to conviction and incarceration that may be available depending on your background and the nature of the offense.
Pretrial Intervention (PTI)
The Pretrial Intervention Program (PTI) is New Jersey’s primary diversionary program for first-time offenders facing indictable charges, including fourth degree crimes. PTI allows eligible defendants to have their case diverted from the traditional prosecution process and instead serve a period of probationary supervision — typically one to three years — without entering a guilty plea.
If you successfully complete PTI with no violations, your charges are dismissed entirely. You are then eligible to have the arrest expunged from your record, leaving no evidence of the charges. PTI is generally a once-in-a-lifetime opportunity — prior PTI admissions or prior indictable convictions can affect eligibility.
Admission to PTI requires the approval of both the criminal division manager and the county prosecutor. The prosecutor has significant discretion in PTI decisions, and a rejection can be challenged — but only on narrow grounds. Having an experienced attorney advocate on your behalf during the PTI application process is critical.
Important note for non-citizens: Even though PTI results in a dismissal, the application process and some program conditions may carry immigration implications. Consult with an attorney familiar with both criminal and immigration law before applying.
Conditional Discharge
For certain drug-related fourth degree offenses, the Conditional Discharge program may be available as an alternative. Like PTI, it involves a period of supervision followed by dismissal of charges upon successful completion.
Veterans Diversion Program
Eligible veterans facing certain criminal charges may qualify for the NJ Veterans Diversion Program, which provides a treatment-focused alternative to traditional prosecution.
Can a Fourth Degree Crime Be Expunged in New Jersey?
Yes. New Jersey law allows for the expungement of indictable convictions, including fourth degree crimes, under certain conditions. An expungement seals your criminal record from public view, which means it will not appear on most background checks and you can legally answer “no” to questions about prior criminal history in most contexts.
Under New Jersey’s expungement law, you are generally eligible to apply for expungement of a fourth degree conviction after a waiting period. The standard waiting period has been reduced in recent years — you should consult with an attorney to determine your current eligibility based on your specific conviction and record.
If your charges were dismissed through PTI or another diversionary program, you may be eligible to expunge the arrest record after a shorter waiting period — or in some cases, immediately upon dismissal.
Learn more about the expungement of an indictable felony in New Jersey.
Defense Strategies for Fourth Degree Charges
Every fourth degree case is different, and the right defense strategy depends on the specific charge, the facts of the case, the strength of the evidence, and the client’s goals. That said, there are several categories of defense that Travis Tormey and his team regularly explore in fourth degree cases:
Challenging the Evidence: In many cases, the state’s evidence can be challenged — whether through suppression motions based on unlawful searches or seizures, challenges to witness credibility, or disputes over the valuation of property involved.
Constitutional Violations: If your rights were violated during the arrest or investigation — including Fourth Amendment search and seizure violations or Miranda issues — key evidence may be suppressible, weakening the state’s case significantly.
Downgrading the Charge: In some cases, it may be possible to negotiate a downgrade from a fourth degree indictable offense to a disorderly persons offense handled in municipal court. A disorderly persons conviction carries lesser penalties and does not carry the same weight as an indictable conviction on your record.
Negotiating a Favorable Plea: Where a full dismissal is not achievable, negotiating a plea to a lesser charge, with a sentence that avoids incarceration, is often the best outcome available. Travis Tormey’s background as a former prosecutor gives him a unique perspective on how prosecutorial decisions are made — and how to effectively negotiate with the state.
PTI and Diversionary Advocacy: Securing admission to PTI or another diversionary program requires advocacy — not just an application. Travis Tormey has helped clients gain PTI admission even in cases where the prosecutor initially objected.
For a broader look at defense strategies used across criminal cases in New Jersey, visit our Defense Strategies page.
Frequently Asked Questions: Fourth Degree Crimes in NJ
Is a fourth degree crime a felony in New Jersey?
New Jersey does not use the term “felony” in its criminal code. However, a fourth degree crime is an indictable offense, which is the functional equivalent of a felony under New Jersey law. It is handled in Superior Court rather than municipal court, and a conviction carries the same consequences as a felony conviction in most other states — including the loss of firearms rights, potential immigration consequences, and a permanent record that appears on background checks.
Will I go to jail for a fourth degree crime in NJ?
Not necessarily. While a fourth degree crime carries a maximum sentence of 18 months in state prison, judges have discretion in sentencing. Many fourth degree cases are resolved without incarceration — through probation, a diversionary program like PTI, or a negotiated plea to a lesser charge. Whether you face jail time depends on the specific offense, your criminal history, and the quality of your defense. An attorney can evaluate your case and work to achieve the best possible outcome.
Am I eligible for PTI if I am charged with a fourth degree crime?
Fourth degree crimes are eligible for the Pretrial Intervention Program (PTI) in New Jersey. However, eligibility is not automatic — it depends on your prior criminal history, the nature of the offense, and the prosecutor’s position on your application. PTI is generally available to first-time offenders who have not previously participated in a diversionary program. The program results in dismissal of your charges if completed successfully, making it one of the most favorable outcomes available for a fourth degree charge. An attorney can assess your eligibility and advocate for your admission.
What is the difference between a fourth degree crime and a disorderly persons offense in NJ?
A fourth degree crime is an indictable offense handled in the Superior Court, while a disorderly persons offense is handled in municipal court. Fourth degree crimes carry a maximum penalty of 18 months in state prison; disorderly persons offenses carry a maximum of 6 months in county jail. A fourth degree conviction is the equivalent of a felony and has broader consequences for employment, licensing, and civil rights. Disorderly persons convictions, while serious, do not carry the same weight and are easier to expunge. In some cases, an attorney may be able to negotiate a downgrade from a fourth degree indictable charge to a disorderly persons offense.
Can a fourth degree conviction be expunged in New Jersey?
Yes. A fourth degree conviction may be expunged in New Jersey after the applicable waiting period has been satisfied and provided you meet the eligibility requirements under state law. An expungement seals your criminal record from public view, allowing you to answer “no” to questions about prior criminal history in most situations. If your case was resolved through PTI or another diversionary program resulting in dismissal, you may be eligible to expunge your arrest record after a shorter waiting period. Speaking with a criminal defense attorney can help you determine your current expungement eligibility.
How long does a fourth degree criminal case take in New Jersey?
The timeline for a fourth degree criminal case in New Jersey varies depending on the county, the complexity of the case, and whether the matter proceeds through a diversionary program, plea negotiation, or trial. Cases resolved through PTI typically take longer to finalize than a municipal court matter, but the program period is usually one to three years. Cases that go to trial can take anywhere from several months to well over a year from indictment. Your attorney can give you a more accurate timeline based on the specific facts of your case and the practices of the county where your case is pending.
Charged with a Fourth Degree Crime in New Jersey? Contact Us Today.
Contact the Tormey Law Firm today for a free consultation. We are available to discuss your charges, explain your options, and begin building your defense.
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