What is the Sentence for a 3rd Degree Felony in NJ?
Need a Lawyer for 3rd Degree Indictable Offense in Somerville NJ
Have you been charged with a third degree indictable offense in Somerset or Hunterdon County? If so, we strongly urge that you speak to an experienced criminal defense attorney as soon as possible. Understanding your options, which includes not only the strength of your case and potential defenses but a firm understanding of the applicable penalties if convicted is crucial to mounting a successful defense. First and foremost, an “indictable offense” is New Jersey’s version of a felony offense. As you will see below, indictable offenses are broken down into four different degrees and the potential sentence for each degree drastically differs. If you have unfortunately been charged with a third degree felony offense like heroin possession, marijuana distribution, burglary, theft, aggravated assault, terroristic threats, aggravated criminal sexual contact or any other offense for that matter in Clinton, Bridgewater, Watchung, Franklin, Hillsborough, Somerville, Flemington, Manville, Bound Brook, Raritan or Readington, the Law Office of Proetta, Oliver & Fay can help. We serve all of Somerset and Hunterdon County, so if you have any questions whatsoever, please do not hesitate to contact us. As always, our initial consultations are free of costs. For more information on third degree indictable offenses in New Jersey please see below.
Where do I go to Court for a 3rd Degree Felony in New Jersey?
All third degree indictable charges must be transferred from the local municipal court to the county courthouse, in the county where the incident happened for disposition. For example, if an individual is charged with eluding, driving while intoxicated and assault by auto in Hillsborough Township, the case will need to be transferred to the Somerset County Superior Courthouse, which is located in Somerville for disposition. In addition, all disorderly persons (misdemeanors) and traffic offenses, which are traditionally handled in the local municipal court, are also required to be sent to the county superior court for disposition, that is provided they are part of the same incident. Therefore, in the example provided above, the driving while intoxicated, which is almost always litigated in the local municipal court must be transferred to the Somerset County Superior Courthouse as well. With all that being said, depending on the nature of the charges and the underlying facts surrounding the incident, it is plausible for the charges to be downgraded at the individual’s Pre-Indictment Conference and remanded back to the local municipal court for disposition. If this is to occur, the 3rd degree indictable offense must be downgraded to disorderly persons offenses.
Can I Avoid Jail Time on a 3rd Degree Felony in NJ?
As touched upon above, indictable offenses in New Jersey are broken down into four different degrees: First Degree, Second Degree, Third Degree and Fourth Degree. The specific crime charged will dictate what degree of a felony the individual is facing. A third degree indictable offense, although not the highest, does carry with it some significant life changing consequences. Here is a breakdown of the potential penalties:
- Three to Five Years in a State Prison
- Up to a $15,000 Fine ($35,000 if CDS Related)
- Up to Five Years of Probation
- Community Service
- Court Mandated Treatment (Drug, Alcohol, Mental Health, Anger Management)
Anyone convicted of a third degree indictable offense would have to wait at least five years before they could seek to petition the superior court for an expungement of their criminal record. This is also contingent upon the individual have no other previous criminal history. For more information on expunging a third degree criminal history in New Jersey, please click the link.
Common Third Degree Felony Offenses Charged in New Jersey
Third degree indictable offenses are some of the most common criminal charges that we at Proetta, Oliver & Fay see most frequently in Somerset and Hunterdon County. Here is just a few of the specific third degree felony offenses that we come across most often in towns like Bound Brook, Bernards, North Plainfield, Somerville, Flemington, Union, Readington, Raritan, Franklin and Bridgewater.
Criminal Defense Attorneys Serving Somerset and Hunterdon County
If you or a loved on has unfortunately been charged with a third degree felony in Somerset or Hunterdon County, we can help. Our office is comprised of attorneys who have dedicated their entire careers to defending those accused of serious indictable offenses in towns throughout New Jersey. We fully understand the stress and anxiety that most feel when they realize how serious their charges are. If you would like to set up a free initial consultation today, please contact our office directly at 908-533-1064. As you can see from reading above, the potential sentence for anyone convicted of a third degree felony is not something to take lightly.