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First-Degree Felony in New Jersey
In New Jersey, first-degree felonies are the most serious version of felony crimes. These crimes typically reveal an intent or premeditation to cause death or to inflict grievous physical harm on another.
Per Section 2C:43-1 of the New Jersey Revised Statutes, felony crimes are classified into first, second, third, and fourth degrees based on their type and the severity of their penalties.
First-degree felonies typically contain the most severe crimes, like murder, rape, aggravated assault, and robbery. Most crimes in the first-degree category incur a maximum of 20 years. However, some first-degree felonies may attract extended sentencing. For instance, persons convicted of first-degree murder may get a life sentence or the death penalty.
Public Access to First-Degree Felony Records in New Jersey
Public members may access most first-degree felony records in New Jersey. To access such documents, interested parties are typically required to use resources or options provided by government entities within the state. For instance, the New Jersey Judiciary website hosts an online searchable portal for felony court records, including judgments, dockets, and calendars. Inquirers using the portal must provide relevant information like the case number, the parties’ names, or the filing date.
On the other hand, you may obtain physical copies of court documents from the state’s superior courts or other county-level custodians. Note that these custodians will only provide access to felony case records generated in the county. Case in point: The Camden County Hall of Justice allows in-person inquiries for felony cases heard in the county’s superior court.
| Source | Access Type | Website/Location |
|---|---|---|
| New Jersey Judiciary website | Online | portal.njcourts.gov. |
| County-level custodians | In person/mail-in | |
| Third-party record search | Online (may charge) | Newjerseycourtrecords.us |
Common Crimes Classified as First-Degree Felonies in New Jersey
In New Jersey, first-degree felonies may include the following:
- Murder.
- Aggravated sexual assault.
- Aggravated manslaughter.
- Armed robbery.
You may find information on first-degree felony incidents via the FBI’s Crime Data Explorer. The platform maintains a yearly report on all documented first-degree crimes. Per the agency’s report, New Jersey’s law enforcement agencies recorded 9,153 aggravated assaults, 136 homicides, 1,091 rapes, and 2,709 robbery incidents.
| Crime | Brief Description |
|---|---|
| Aggravated sexual assault |
A person commits aggravated assault if they commit an act of sexual penetration with another person under these circumstances: The victim is below 16 years old. The victim is related to the offender by blood or affinity to the third degree. The offender has some form of authority over the victim. The act occurred while the offender committed or attempted to commit other crimes. The offender is armed with a weapon. 2C:14-2. |
| Murder |
Per N.J.S.2C:11-3, it’s a murder offense when: 1. The perpetrator knowingly or purposely causes death or inflicts serious bodily injury that results in death; 2. The offender causes the death of a person while committing or attempting to commit criminal acts like arson, robbery, burglary, sexual assault, or kidnapping. |
| Robbery |
It’s a robbery in the first degree if the perpetrator commits robbery and: 1. Attempts to kill another person during the act; 2. Purposely inflicts or attempts to inflict serious bodily injury; 3. Armed with, uses, or threatens to use a deadly weapon during the act. 2C:15-1. |
| Manufacturing, dispensing, or distributing a controlled substance. | It’s considered a first-degree felony if the offender manufactured, dispensed, or distributed five ounces or more of controlled substances like heroin or cocaine. 2C:35-5. |
| Promotion of organized street crime | Per 2C:33-30, it’s a first-degree felony to promote organized street crime. |
Prison Sentences and Fines for First-Degree Felonies in New Jersey
In New Jersey, persons convicted of first degree may face between 10 and 20 years in jail. Offenders may also pay fines up to $200,000, depending on the crime type and circumstances around the event.
The sentencing may differ based on the crime type and the circumstances around the event. Note that the court judge determines the sentencing and other required conditions.
New Jersey Statutes may extend the sentencing for specific first-degree felonies. Under the statutes, persons convicted of such offenses may receive sentences ranging from 20 years to life imprisonment. For example, persons convicted of murder will receive a minimum of 30 years. Other first-degree felonies that qualify for extended sentencing include the following:
- Aggravated sexual assault
- Sexual assault
- Aggravated criminal sexual conduct
- Kidnapping.
- Aggravated manslaughter.
| New Jersey First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| Aggravated manslaughter | 20 years to life imprisonment. | Up to $200,000 |
| Robbery in the first degree | 10 to 20 years | Up to $200,000 |
| Aggravated sexual assault | 20 years to life imprisonment | Up to $200,000 |
| Murder | 20 years to life imprisonment | Up to $200,000 |
| Drug trafficking, dispensation, or manufacture | 10 to 20 years | Up to $200,000 |
What is the Maximum Sentence for a First-Degree Felony in New Jersey?
Per New Jersey statutes, the maximum sentence for a first-degree felony is 20 years in jail. Persons convicted of first-degree felonies are unlikely to get the maximum sentence unless the offense immensely impacted lives or property. In such cases, the court may push for the maximum penalty.
Note that the maximum sentence does not apply to all first-degree felonies. The state has an extended sentencing rule for specific crimes like murder and sexual assault. Persons convicted of such crimes may receive life imprisonment, depending on the circumstances around the incident.
What is First Degree Murder in New Jersey?
Under Section 2C: 11-3, a criminal homicide becomes murder when:
- The offender purposely causes death or inflicts serious injury that results in death;
- The offender caused the death of a person while committing or attempting to commit crimes like robbery, sexual assault, arson, or burglary.
While murder is a first-degree felony, convicted persons may receive an extended sentence between 30 years and life imprisonment. The trial court is responsible for determining the punishment for murder convictions. However, offenders will get life imprisonment under these conditions:
- The victim is less than 18 years old.
- The act occurred while committing a sex-related offense.
- The act occurred while the offender committed the crime of terrorism.
Note: Convicted offenders are not eligible for parole or probation, so they will serve the entire duration of the sentence in jail.
Can First-Degree Felony Records Be Sealed or Expunged in New Jersey?
Yes, New Jersey statutes allow the sealing or expungement of most first-degree felonies. There are different methods for expunging felony records in the state. On one hand, the state automatically expunges criminal records if 10 years have passed since the offender’s last conviction. In contrast, you may apply for expungement after five years of completing the court-mandated conditions.
Per N.J.S.2C:52-2, you are eligible to expunge first-degree felonies if:
- You do not have a prior conviction for another crime.
- You were convicted of one crime and not more than three petty disorderly persons.
- You were convicted of multiple crimes and one or more disorderly offenses.
Difference Between First-Degree and Second-Degree Felonies in New Jersey
In New Jersey, first- and second-degree felonies may differ based on penalties and crime severity. First-degree felonies reveal an intent to cause death or to inflict serious injury on another. These felonies primarily include the most severe crimes, including crimes of violence like murder, aggravated rape, and aggravated assaults. These crimes often carry heavy penalties, from 10 years to life imprisonment. Case in point: persons convicted of murder may face between 30 years and life imprisonment.
However, second-degree felonies are relatively less severe than first-degree crimes. These crimes pose an unintentional yet potential risk to lives or properties. Persons convicted of second-degree felonies may receive between 5 and 10 years in jail and pay fines up to $150,000.
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First Degree | Aggravated assault, murder, aggravated sexual assault, robbery, aggravated arson, and large-scale drug trafficking | 10 to 99 years / Life |
| Second Degree | Burglary, arson, kidnapping, robbery, vehicular homicide | 5 to 10 years. |
Statute of Limitations for First-Degree Felony Charges in New Jersey
The statute of limitations is the timeframe for an offender to be prosecuted for an offense. New Jersey statutes impose a five-year statute of limitations on first-degree felonies. However, there are exceptions to this rule; there is no statute of limitations for indictable offenses like murder, sexual assault, or kidnapping.
Probation and Parole Eligibility for First-Degree Felonies in New Jersey
Persons convicted of first-degree felonies are eligible for parole or probation in New Jersey. Per the NJ Rev Stat § 2C:43-7.2, first-degree felons must serve at least 85% of their sentence before they may apply for probation.
Note that the state Parole Board makes the final decision to determine who is eligible to get parole. The board may review submissions from crime victims and determine if the parole may pose a risk to public safety. First-degree felonies eligible for parole may include the following:
- Murder.
- Aggravated manslaughter
- Vehicular homicide
- Aggravated assault.
- Kidnapping
- Aggravated assault
- Robbery.
- Firearms trafficking.
Unlike paroles, probations are court-ordered supervisions imposed as alternatives to prison sentences. The court may order probation for first-degree felonies after considering factors like criminal history, crime severity, and the public’s best interest.
There are no specific timeframes for probations, as some may run for the full length of a prison sentence. Probations often include conditions like periodic drug tests or restitution payments to crime victims.
| Term | Definition | Eligible for First-Degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison. | Depends on the crime severity, prior convictions, and the public’s best interest. |
| Parole | Early supervised release from prison. | After serving 85% of the sentence. |
Impact of a First-Degree Felony Conviction on Criminal Records in New Jersey
In New Jersey, first-degree felony convictions are publicly accessible and may have lasting consequences on the record subject’s personal and social life. For instance, convicted parties have a lower chance of getting employed in specific industries. For example, persons with a criminal history of sexual assault may find it difficult to get employment in healthcare and education institutions. Other consequences of a first-degree felony conviction may include:
- Temporary or permanent loss of civil rights, such as the right to vote or own firearms.
- Lower chances of getting housing in specific districts.
- Ostracization in social circles and communities.
- Lower chances of getting a visa to specific locations.