What is a Second Degree Felony in New Jersey?

In New Jersey, crimes are not described as "felony" or "misdemeanor". Instead, offenses are categorized as indictable offenses, disorderly persons offenses, or petty disorderly persons offenses. Indictable offenses, which are equivalent to felony crimes in the state, are classified under Section 2C:43-1 of the New Jersey Code of Criminal Justice into first-degree, second-degree, third-degree, and fourth-degree crimes.

A crime in the second degree is New Jersey’s equivalent of a second-degree felony, and it is defined under the law as a serious indictable offense with a prison sentence of five to 10 years and a fine of up to $150,000. While second-degree crimes are less serious than first-degree crimes like murder and aggravated assault, they are more serious and attract stricter penalties than third-degree crimes, fourth-degree crimes, and disorderly persons offenses. The various types of crimes that statutorily fall under second-degree crimes in New Jersey are listed throughout Title 2C of the New Jersey Code of Criminal Justice.

Which Crimes Are Considered Second Degree Felonies in New Jersey?

Some of the common crimes that fall into the category of second-degree crimes in New Jersey are as follows, as listed in Title 2C of the New Jersey Code of Criminal Justice:

• Aggravated assault (2C:12-1(b))
• Robbery (2C:15-1)
• Burglary (2C:18-2)
• Sexual assault (2C:14-2(c))
• Endangering the welfare of children (2C:24-4(a))
• Unlawful possession of a handgun (2C:39-5(b))
• Eluding police or any law enforcement officer (2C:29-2(b))
• Theft when the amount involved is $75,000 or more (2C:20-2(b))
• Aggravated arson (2C:17-1(a)

What is Second Degree Murder and How is it Classified in New Jersey?

According to N.J.S.A. 2C:11-3, a murder offense is committed in the state when a person purposely causes death or serious bodily injury resulting in death, knowingly causes death or serious bodily injury resulting in death, or causes the death of another, acting alone or with others, during the commission of, attempt to commit, or fleeing after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, etc. A murder offense in New Jersey is not categorized into degrees (e.g., first and second degree murder). However, it is a first-degree crime (N.J.S.A. 2C:11-3(b)).

Murder is the most serious form of criminal homicide in the state, characterized by a cruel intent to kill or cause another's death. The penalties typically range from 30 years to life imprisonment without the eligibility for parole, depending on certain circumstances.

Aggravated manslaughter and manslaughter constitute some of the other forms of criminal homicide. Aggravated manslaughter, which could be said to be New Jersey’s equivalent of second-degree murder, is a first-degree crime like murder; however, it is less serious than murder due to its less intentional nature and is committed when an individual recklessly causes death under circumstances that manifest extreme indifference to human life or when another person is killed while an individual is fleeing or attempting to elude a law enforcement officer (N.J.S.A. 2C:11-4(a)).

While less culpable than murder, aggravated manslaughter is more serious than manslaughter, which is homicide committed recklessly or in the heat of passion from reasonable provocation (N.J.S.A. 2C:11-4(b)). Manslaughter is a second-degree crime and is punishable by five to 10 years and fines of up to $150,000.

New Jersey Second Degree Felonies Penalties and Punishments

According to the law, the typical penalties for individuals convicted of a second-degree crime include fines of up to $150,000 and prison sentences of five to 10 years, with other possible penalties such as No Early Release (NERA), parole supervision, restitution, community service, and mandatory treatment programs.

Nevertheless, the specific punishment or penalty that can be imposed on a person following conviction for second-degree crimes (or second-degree felony, as it is called in some states) can vary. Generally, aggravating factors like the type of offense, a child victim, and prior convictions can cause penalties to reach the maximum allowable under the law, while mitigating factors, such as a clean record, can lead to the imposition of the minimum penalties.

The table below summarizes the penalties and punishments for some second-degree crimes in the state of New Jersey.

Are Second Degree Felony Records Public in New Jersey?

Yes. Second-degree crime records are public in New Jersey under the state’s Open Public Records Act (OPRA). As a result, the public can request access and obtain copies of these records from law enforcement agencies and courthouses. However, certain information or data can be exempt or restricted to protect public interest and personal privacy, protect victims and witnesses, and maintain the integrity of law enforcement investigations. Commonly restricted or exempt information or records include, but are not limited to, criminal investigatory records, sealed records, juvenile records, and victim information.

Additionally, pursuant to New Jersey Executive Order Number 123 (1985) and Executive Order Number 69 (1997), criminal history record information (CHRI), of which the New Jersey State Police is custodian, is exempt from the category of records automatically available to the public under New Jersey's OPRA (N.J.S.A. 47:1A-1 et seq.). CHRI may only be accessed by individuals seeking their own records or authorized agencies.

Note that states differ in their approach to public availability of criminal records. Like New Jersey, some states, including California, Massachusetts, New York, and Alaska, allow public access to arrest records and court records while restricting access to the statewide central repository of criminal history records. On the other hand, states like Florida, Kansas, and Missouri allow public access to statewide criminal history information in addition to arrest records and court records.

How to Access Second Degree Felony Court Records in New Jersey

Below are the available access methods for second-degree crime court records in New Jersey:

• Online Access: Use the state courts' PROMIS/Gavel Public Access portal to search for and access criminal case records in the state. The portal is free to use and allows searches by name, indictment number, and county. Also, the NJ Electronic Access Program (EAP) may be used to access certain Judiciary case systems remotely to view data related to matters filed with the trial court, including indictable criminal cases. The cost for EAP is $4 per minute. Beyond official portals, third-party sites may also be used to access these records online.
• In-person Access: Visit the Superior Court Clerk's Office in the county where the second-degree crime case was filed, handled, or is pending to request the case record. Details about the record being sought should be provided, including the defendant’s name and indictment or case number. Fees for copies include $0.05 per page for letter-size pages, $0.07 for legal size, and $15 for certification.
• Mail or Electronic Request: Download and complete the New Jersey Superior Court Clerk’s Office "Request Form" and submit the completed form electronically via the "Completed Form Submission" link. Available records will be sent electronically to the email address provided on the form. Fees apply for copies, including certification and exemplification. Alternatively, the completed form may be submitted by mail to (Attention: Customer Access):

Superior Court Clerk's Office
Richard J. Hughes Justice Complex
P.O. Box 971
Trenton, New Jersey 08625-0971.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In New Jersey, a defendant’s charge for second-degree crimes can be reduced or dismissed. Under Rule 3:9-3 of the New Jersey Rules of Court, a defendant and prosecutor can enter plea negotiations and settle on a plea deal in which the defendant receives reduced charges in exchange for a guilty plea on the new, reduced charge. On the other hand, charges against a defendant can be dismissed, typically on motions by the prosecutor pre-indictment or post-indictment under Rule 3:25-1, on motion by the defendant under Rule 3:25-3, or at the discretion of the court, especially when there is an unreasonable delay in presenting the charge to the grand jury or filing the charge, during which the court can dismiss a charge “sua sponte” under Rule 3:25-3.

Generally, whether a defendant’s charges can be reduced or dismissed depends on certain factors, including the nature of the crime, evidence, the defendant’s prior record, and legal representation. Individuals facing criminal charges should ensure to get a lawyer or consult one.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in New Jersey?

Yes. Expungement is possible for some second-degree crime records in the state. However, per N.J.S.A. 2C:52-2(b), murder and certain excluded second-degree crimes, like arson, robbery, or aggravated sexual assault, cannot be expunged. In New Jersey, sealing and expungement are the same, although expungement is the state’s official term.

If a second-degree offense isn’t excluded from expungement, it may qualify for expungement through:

• Standard expungement by which one indictable offense (including most second-degree crimes) can be expunged. The waiting period is 5 years after serving sentence, and all fines and fees have been paid (N.J.S.A. 2C:52-2).
• Clean slate expungement by which multiple eligible indictable offenses can be expunged. The requirement is atleast10 years since the last conviction, including fees and fines paid, probation, or parole completed (N.J.S.A. 2C:52-5.3).

To file for expungement in New Jersey, individuals should confirm their eligibility and apply for expungement of their records online using the eCourts Expungement System. Once registered on the system, follow the user guide to file an expungement petition.

How Long Do Second Degree Felony Records Stay Public in New Jersey?

Indefinitely. In New Jersey, second-degree crime records stay public and accessible indefinitely unless expunged. In contrast, some other states like Michigan, automatically clear or seal certain criminal records after certain time limits.