What Is a Third-Degree Felony in New Jersey?

New Jersey’s third-degree felonies are the second-least severe indictable offense. Such offenses typically include crimes that have a lesser impact on lives, property, and society. In most cases, they lack the intent or maliciousness to cause harm; instead, they are often the result of extreme recklessness.

Felonies in New Jersey are referred to as indictable offenses. According to New Jersey Statutes, indictable offenses are classified into four degrees based on the severity of the crime and the corresponding penalty. First-degree indictable offenses are the most severe and incur the heaviest penalties. For instance, murder charges may incur life imprisonment without parole. In contrast, third-degree crimes carry a potential jail term of up to 5 years.

Common Offenses That Fall Under Third-Degree Felony Charges

In New Jersey, types of crimes classified under third-degree felonies include:

• Arson: Per Section 2C:17-1, arson is a third-degree crime if an offender intentionally sets fire or explosion to a structure and the act recklessly places another in danger of death or injury.
• Aggravated assault: A person is guilty of aggravated assault in the third degree if such person uses a deadly weapon to inflict injury on another intentionally. It is also a third-degree aggravated assault if the offender uses a weapon to intimidate a law enforcement officer. Section 2C:12-1.
• Bribery: Per Section 19:34-25, bribery is a third-degree crime when a person offers or promises to offer something of value to induce voters to vote or refrain from voting in an election. Voters who receive bribes are also guilty of accepting bribes in the third degree.
• Stalking: Stalking is a third-degree crime if the offender continues to stalk another despite an existing court order that prevents them from doing so.

Penalties and Sentencing for Third-Degree Felonies in New Jersey

New Jersey statutes impose sentencing and fines for third-degree felony convictions. A third-degree felony offender may face sentences between 3 and 5 years in a state correctional facility. The state also imposes fines up to $15,000 for such convictions.

Penalties for third-degree felonies are not the same, despite being in the same felony class. During sentencing, the state’s court judges generally consider factors like crime severity, prior convictions, and aggravating circumstances around the incident. Case in point: third-degree felonies, such as aggravated assault, may incur the maximum five-year sentence.

The state may also increase the penalty if the offense led to loss of life and property. For example, arson moves from a third-degree to a first-degree if the incident led to loss of lives.

Besides sentencing, offenders may qualify for probation. Probation typically requires completing a court-imposed condition, such as attending a program or paying specific fees. Offenders are required to complete these conditions in order for the court to dismiss their case.

Will You Go to Jail for a Third-Degree Felony in New Jersey?

Yes, offenders are likely to face jail time for third-degree felonies in New Jersey. The courts may impose sentences ranging from 3 to 5 years for such offenses. There are also instances when the court may impose fines in addition to jail sentences. Offenders may receive the maximum penalty if they have a prior conviction for the offense. The court may impose probation as an alternative to serving a jail sentence. Offenders are likely to qualify for probation if they have no prior convictions.

How Long Does a Third-Degree Felony Stay on Your Record?

In New Jersey, a third-degree felony may remain on your records indefinitely. The records are also publicly accessible to all parties, and this may lead to negative consequences. For instance, record subjects may face discrimination during job applications to security-sensitive industries like healthcare and education. Employers in these industries are often required to conduct background checks as part of their hiring process, and they may reject applications from individuals with a criminal record.

Offenders might also face discrimination when renting or purchasing properties. Some housing authorities may reject offers from persons convicted of sex- or violence-related crimes.

Other consequences of third-degree felonies include:

• Offenders may face denials during visa applications.
• Loss of civil rights, such as the right to vote.

New Jersey statutes grant relief to offenders in the form of record sealing or expungement. These legal processes remove your records from publicly accessible domains.

Can a Third-Degree Felony Be Sealed or Expunged in New Jersey?

Yes, offenders may seal or expunge their records for third-degree felonies in New Jersey. Offenders are generally eligible to expunge records under these conditions:

• It has been more than five years since they were convicted.
• They do not have a prior conviction for the crime.
• They were convicted of one crime and not more than three disorderly offenses.
• They were convicted of multiple crimes and one or more disorderly offenses.

The state automatically expunges criminal records after 10 years of completing the court-imposed sentence or penalty.

Note: There is a difference between record sealing and expungement in New Jersey. The former only removes the record from publicly accessible domains, while legal entities are still able to access the record. In contrast, expungement is the total deletion of records.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

In New Jersey, third-degree felonies differ from first- and second-degree felonies. Crimes under the third-degree class typically lack elements of extreme violence, which are typically found in their more severe counterparts. Third-degree felonies also carry lighter sentences, as convicted offenders may spend between 3 and 5 years in jail.

In contrast, first- and second-degree felonies are more severe since they often lead to loss of life or severe bodily injuries. These crimes also occur as a result of the offender’s maliciousness to cause harm. Examples of first- and second-degree felonies include murder, rape, and kidnapping. Persons convicted of such crimes may spend up to 30 years in jail. However, the state may increase the penalty for specific crimes to life imprisonment

How to Look Up Third-Degree Felony Records in New Jersey

You may look up or obtain copies of third-degree felony records through platforms or options provided by government entities in New Jersey. These entities may offer online or additional options for accessing felony records. For instance, the New Jersey Judiciary website hosts an online database of cases filed in the state courts. Inquirers must provide relevant details to obtain records on the platform. Note that record searches are free on the platform.

In contrast, you may obtain physical copies of court documents from county-level custodians like superior courts. These custodians allow access to case files generated within a county. Inquiries may send a request via mail or in person to the custodian in the county where the case occurred.

Probation and Parole for Third-Degree Felony Offenders

Third-degree felony offenders are generally eligible for parole after serving one-third of their sentence. However, this rule does not apply if the sentence has a mandatory minimum. In such instances, the offender must complete the mandatory minimum before they are eligible for parole.

Inmates in New Jersey may receive a copy of their estimated parole date shortly after being incarcerated in a state correctional facility. In contrast, third-degree felony offenders may receive probation instead of a jail term. The court determines eligibility for parole by considering the offender’s criminal history, crime severity, and the victim’s statement.