Second Degree Felony Charges
Arrested for a 2nd Degree Crime in Monmouth County
Have you been placed under arrest and charged with a second degree indictable offense in Monmouth County, New Jersey? If so, we strongly recommend that you contact a knowledgable and experience criminal defense attorney as soon as possible. Unlike most other states, New Jersey does not use the phrase “felony” or “misdemeanor”, they use indictable offenses and disorderly persons offenses. Furthermore, indictable offenses are broken down into four separate degrees, a first, second, third or fourth degree. The degree of the offense will dictate what the potential penalties someone faces if charged. As you will see below, anyone convicted of a second degree felony offense will be facing life changing consequences, including up to a decade behind bars.
If you would like to speak to one of the Monmouth County criminal defense attorneys at Proetta & Oliver about your options, then please contact our Middletown office at 732-858-6959. Our criminal defense lawyers fully understand the stress and anxiety that most feel when they have been charged with a crime, especially a second degree felony. As such, we are dedicated to aggressively challenging the evidence presented against our clients in order to achieve a favorable outcome. We serve all of Monmouth County, including towns like Middletown, Howell, Tinton Falls, Aberdeen, Matawan, Freehold, Belmar, Manasquan, Manalapan, Marlboro, Ocean Township, Asbury Park and Wall Township. Our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.
What Happens if I am Charged with a 2nd Degree Felony in Freehold NJ?
When someone is charged with a second degree felony offense in New Jersey, the prosecution more likely than not will seek to detain the person in the Monmouth County Jail, without bail, pending trial. In order to do so, the prosecution must first file for and be successful at the Detention Hearing. Once the Detention Hearing occurs, the individual will then be scheduled for a Central Judicial Processing Hearing and then a Pre-Indictment Conference (PIC). During PIC the attorneys will seek to workout a resolution in the case, if the attorneys are unable to do so, the case will be marked for Grand Jury. If the prosecution is able to secure and Indictment, the case will be litigated through the traditional court proceedings (i.e. Arraignment, Status Conferences, Motions, Trial). All second degree indictable offenses that occur within Monmouth County will be litigated in the Monmouth County Superior Court, Criminal Division, which is located at 71 Monument Street in Freehold Township.
What are the Penalties for a Second Degree Felony in New Jersey?
Pursuant to NJSA 2C:43-6a(2), anyone who pleads guilty to or found guilty of a second degree felony offense in New Jersey must be sentenced to a term of incarceration and the term shall be anywhere from five to ten years. In addition, anyone convicted of this offense may have a fine up to $150,000 imposed. Furthermore, unlike a crime of the third or fourth degree, anyone convicted of a first or second degree felony will obtain a presumption of imprisonment.
Can I Get Pretrial Intervention on a Second Degree Felony in NJ?
In short, yes. However, do to the severity of second degree offense(s), the prosecution tends to object to an individual being enrolled into Pretrial Intervention. If defense counsel can convince the prosecution otherwise and the individual is enrolled into Pretrial Intervention, they will be required to enter a guilty plea to the charge prior to being enrolled. So if the individual violates the terms of the Pretrial Intervention Program, the case does not get re-litigated and the individual is formal sentenced on the charges. It is important to note here that this is not required for most third or fourth degree offenses. For more information on the Pretrial Intervention Program in New Jersey, please click the link.
Can I Expugne a Second Degree Felony Offense?
Maybe. Pursuant to NJSA 2C:52-2, certain second degree felony offenses are expungable. Some of those crimes include are but not limited too aggravated assault, eluding, unlawful possession of a weapon and theft by deception. Some second degree crimes that are not expungable include heroin distribution, robbery, burglary, marijuana distribution and sexual assault. For more information on expunging an indictable offense in New Jersey, please click the link.
Common 2nd Degree Indictable Offenses in Monmouth County
There are a tremendous amount of second degree indictable offenses under the New Jersey Criminal Code but some of the most common 2nd degree felonies charges in Monmouth County include the following: