Charged with a Third Degree Felony in New Jersey?
Facing a Third Degree Indictable Offense in Monmouth County?
New Jersey does not use the standard terminology of “felony” and “misdemeanor” to breakdown the different levels of criminal offenses. Instead we use the phrases “indictable offenses” when referring to felony crimes and “disorderly persons offenses” when referring to misdemeanor offenses. To complicate things even further, we also breakdown indictable offenses into four different degrees: first, second, third and fourth degree. The degree of the indictable offense will dictate what the potential penalties an individual faces if convicted.
One of the more common degrees of indictable offenses that we see in Monmouth County is the third degree. As you will see in greater detail below, a conviction for third degree indictable offense in New Jersey could send an individual to prison for up to five years. Clearly, these types of offenses are not something to take lightly. If you have unfortunately been charged with a third degree indictable offense like aggravated assault, possession of heroin, shoplifting, burglary, resisting arrest or any other offense for that matter in Monmouth County, we strongly urge that you speak to a criminal defense attorney as soon as possible. Understanding your options is absolutely crucial when it comes to mounting a successful defense. To schedule a free consultation today with one of the criminal defense lawyers at Proetta, Oliver & Fay, please contact us directly at 732.858.6959.
What is the Sentence for a Third Degree Felony in New Jersey?
As touched upon earlier, indictable offenses are broken down into four different degrees. The “seriousness” or in other words, the potential penalties, decrease as the degree increases, therefore, the most serious degree is a first degree felony. Although a third degree indictable offense is not the most serious, the potential penalties can be absolutely crippling. Here is a quick breakdown of the potential penalties:
- Three to Five Years in State Prison
- Fine up to $15,000 (Up to $35,000 if CDS offense)
- Felony Criminal Conviction
If the individual does not have a prior criminal history, there is a presumption against incarceration built into the statute for first time offenders. However, this presumption can be overcome if the underlying facts are egregious enough and this presumption only applies to State Prison and not a potential county jail term. If the individual is sentenced to a term of probation, which could be up to five years as opposed to State Prison, it could come with a potential condition that the individual serve up to 364 days in the county jail.
Depending on underlying facts and circumstances surrounding the charges as well as the individuals prior criminal history, they may be eligible for the Pretrial Intervention Program. This is a diversionary program in New Jersey, whereby if the individual is accepted and completes the term without violating any of the conditions, the charges would be dismissed outright. For more information on this program, please click the link.
Common Third Degree Felony Offenses Charged in Monmouth County
Third degree felony offenses are pretty common in Monmouth County. Some of the more frequently charged third degree indictable offenses include the following:
How Come I Have to Appear in Freehold for a Third Degree Crime?
All third degree indictable offense in New Jersey will be transferred from the local municipal court to the county courthouse in the county where the incident happened for disposition. So, for example, if an individual is charged with aggravated assault in Red Bank, their case will need to be transferred to the Monmouth County Superior Court, which is located in Freehold for disposition. With that being said, depending on the fact surrounding the charges, it is possible to have the case downgraded and remanded back to the local municipal court for disposition. More likely than not this discussion will take place at or before the individuals Pre-Indictment Conference. For more information on Pre-Indictment Conferences, please click the link.
Need a Local Lawyer in Freehold for Third Degree Felony
At Proetta, Oliver & Fay we completely understand the stress and anxiety that most feel when they have been charged with a serious criminal offense. If you or a loved one has found yourself in this unfortunate situation and would like to discuss your options with one of our Monmouth County criminal defense attorneys, then please contact our office at 732.858.6959 or you can try contacting us online. We serve all of Monmouth County, including towns like Red Bank, Freehold, Manalapan, Belmar, Keyport, Middletown, Hazlet, Holmdel, Asbury Park, Marlboro and Wall Township.