Third Degree Crimes NJ – NJ Third Degree Crimes – Punishments for 3rd Degree Crimes NJ – NJ 3rd Degree Crimes
“What are the penalties and punishments for third degree crimes in New Jersey?”
Third degree crimes in New Jersey are serious indictable (felony) offenses. Anything bearing lengthy prison sentences should obviously not be taken lightly.
Examples of Third-Degree Crimes
- Gun Charges – Usually airsoft, pellet guns or shotguns are third degree crimes.
- Aggravated assault – More serious assaults can be considered second degree crimes if they involve a weapon. Otherwise, they are third degree aggravated assault offenses.
- Theft – Depending on the type or value of property stolen.
- Possession of certain narcotics – These will typically be dangerous drugs including cocaine, heroin, or ecstacy.
- Shoplifting – If the stolen goods are valued from $500 to $75,000 dollars, shoplifting qualifies as a third degree crime.
- Receiving stolen property – in an amount between $500 and $75,000
- Criminal mischief – in an amount of damage between $500 and $75,000
Penalties for third degree crimes in NJ
Third degree crimes in NJ can be punished by 3-5 years in prison. and can be fines of up to $15,000. You can also be placed on probation and you will have a permanent felony charge on your record if convicted (which can be expunged in certain cases after five (5) years).
Presumption of incarceration does not apply to third degree felony charges
If you have no prior criminal record, there is a presumption against incarceration. This means that, if you have no prior criminal convictions, even though you are facing 3-5 years in prison on a third degree felony charge, it is presumed that you will be sentenced to probation. However, remember, they can always sentence you up to 364 days in the county jail as a condition of probation and that is not considered prison time even though it is jail time.
PTI eligibility for third degree crimes
If you have no prior criminal record and you have never used a first time offender program before (also known as a diversionary program such as PTI, conditional discharge or conditional dismissal), then you are eligible to apply for PTI on a third degree felony charge in NJ.
You must pay a $75 application fee for PTI and be interviewed by the probation department in the county in which you are charged. They will then make a recommendation to the prosecutor’s office if they think you are a good candidate for PTI. The ultimate decision on PTI will be made by the prosecutor. If you are accepted into PTI, you will be placed on probation with certain conditions. If you comply with PTI and successfully complete the probation, then your third degree felony charges are dismissed. You will have no criminal record. You can then expunge your arrest six (6) months after you finish your PTI probation.
If you or someone that you know is currently charged with a third degree crime, you should be searching for defense strategies and lawyers with experience in handling that specific charge type. The “grading” of the crime doesn’t really matter other than for the sake of determining maximum sentencing guidelines.
Please look for your charge under the “common charges” pull down menu or feel free to call our law firm any time for a free consultation about your case. (201) 556-1571
