Second Degree Crimes In NJ – Punishments for Second Degree Crimes New Jersey – Penalties for second degree crimes
“What are the Penalties and Punishments For Second Degree Crimes in NJ?”
Second Degree Charges and Penalties
Second degree crimes are very serious in New Jersey. They exist with a presumption of incarceration, which means that even if this is your first criminal offense and you have a completely clean record, it’s expected that you will do some time in state prison. Obviously, it’s a good idea to fight against these crimes by hiring a team of aggressive criminal defense attorneys.
Second degree crimes in NJ are punishable by 5 to 10 years in state prison and fines of up to $150,000 and a permanent felony charge on your record.
Some of the most common second degree crimes are the following:
- Drug distribution – Large drug distribution crimes might be considered first degree. Lower amounts are second degree crimes.
- Robbery – Armed robbery is a first degree crime, other robbery charges may be second degree.
- Aggravated Assault – Major assault charges are second degree crimes, lesser assaults are third degree crimes. Strangulation is a 2nd degree crime.
- Theft/Shoplifting – Most shoplifting is either a third or fourth degree crime. Second degree charges have a value of over $75,000 in stolen goods.
- Gun offenses – Illegal possession of a handgun without a permit is a second degree crime
- Eluding – Running from the police putting the public and law enforcement at a high risk of injury or death is a 2nd degree crime
- Burglary – Burglary involving a weapon can be a second degree charge
- Endangering the welfare of a child – Depending on the circumstances, can be a 2nd degree crime
- Sex crimes – Some sexual assault charges are 2nd degree offenses.
NOTE: Some other sentencing provisions apply to second degree crimes like the Graves Act for gun offenses and the No Early Release Act (NERA) for violent crimes. The Graves Act requires mandatory prison time and parole ineligibility periods for certain gun crimes. NERA requires a defendant serve 85% of their prison sentence before becoming eligible for parole.
Frequently Asked Questions (FAQ) Regarding 2nd degree crimes in New Jersey
FAQ: What does a presumption of incarceration mean on a 2nd degree crime? It means that, even if you have no prior criminal record, it is presumed that the Judge will sentence you to prison (minimum being 5 years) if you are convicted of a second degree offense.
FAQ: Where are 2nd degree crimes prosecuted? They are prosecuted by the county prosecutor’s office in the Superior Court in the county in which you were charged.
FAQ: Is a 2nd degree crime a felony? Yes, this is an indictable felony level crime which must be presented to the Grand Jury for an indictment after a complaint is issued against you.
The Tormey Law Firm Fights Second Degree Crimes in Court
Here are some real 2nd degree cases we handled in New Jersey with tremendous success:
- Fort Lee 2nd degree robbery charges
- Assault weapon charges in Hunterdon County NJ
- Hudson County gun charge dismissed on illegal search
- Newark assault weapons charges
- 2nd endangering welfare of a child Morris County NJ
If you’ve been charged with second degree crime, we would be happy to talk to you about your case. Feel free to call the Tormey Law firm for a free consultation (201) 556-1571
