What is a 3rd Degree Crime in NJ?
Overview
In the State of New Jersey, the penal code is divided into several categories, including misdemeanor crimes (disorderly persons offenses) and indictable crimes (felonies). Indictable crimes are further divided into first-degree, second-degree, and third-degree offenses. A third-degree crime in NJ is an indictable offense that is considered a serious crime, but less severe than first-degree or second-degree offenses. In this article, we will delve into the specifics of third-degree crimes in NJ, including definitions, penalties, and how they differ from other indictable offenses.
Definitions and Classification
Article II, Section 16 of the New Jersey Statute Annotated (N.J.S.A.) defines third-degree crimes as felonies that are punishable by a term of imprisonment between three and five years, or a fine not exceeding $15,000, or both.
Here are some key takeaways:
- Third-degree crimes are considered wobbler offenses, which means they can be charges as either a felony (indictable offense) or a misdemeanor (disorderly persons offense).
- Third-degree crimes are not considered non-citible offenses, which means that the defendant cannot seek to have the charges dismissed by paying a fine or attending counseling.
- Third-degree crimes are not deportable offenses, which means that they do not rise to the level of serious crime that would trigger mandatory deportation.
Examples of 3rd Degree Crimes in NJ
Here are some examples of third-degree crimes in NJ:
| Crime | Penalty |
|---|---|
| Burglary (Class C felony) | Up to 5 years’ imprisonment, $15,000 fine |
| Assault on a police officer | Up to 5 years’ imprisonment, $15,000 fine |
| Attempted arson | Up to 5 years’ imprisonment, $15,000 fine |
| Possession of illegal drugs (beyond 50 grams or 1 ounce) | Up to 5 years’ imprisonment, $15,000 fine |
| Receiving stolen property (over $500 or less than $75,000) | Up to 5 years’ imprisonment, $15,000 fine |
Penalties for 3rd Degree Crimes in NJ
For a third-degree crime conviction in NJ, the sentence typically includes:
- A term of imprisonment between 3-5 years;
- A fine not exceeding $15,000; and
- In some cases, a criminal mischief or restitution fine may also be imposed.
- In addition, defendants may also face court costs, probation, and community service.
How Does it Compare to Other Offenses?
Here are some key differences between third-degree crimes and other indicable offenses in NJ:
- First-degree crimes are punishable by imprisonment of 10-20 years or life, while second-degree crimes are punishable by imprisonment of 5-10 years. Third-degree crimes, on the other hand, are punishable by imprisonment between 3-5 years.
- Disorderly persons offenses (misdemeanors) carry fines up to $2,000 and imprisonment of up to 6 months. Third-degree crimes, as mentioned earlier, are punishable by imprisonment and fines exceeding those of misdemeanors.
- Forfeiture offenses do not carry imprisonment, but may result in the loss of assets or property. Third-degree crimes may carry imprisonment, in addition to fines and court costs.
Conclusion
In conclusion, a 3rd degree crime in NJ is a serious criminal offense that carries significant penalties, including imprisonment and fines. While it is important to note that third-degree crimes are considered less severe than first-degree or second-degree offenses, they should still be taken seriously by those facing charges.
