Kearny Fourth Degree Crime Lawyers
Police often charge people with fourth degree crimes in Kearny, New Jersey, spelling serious consequences for those convicted. Under New Jersey law, many crimes are classified as fourth degree indictable (felony) offenses, including crimes against property and those against other persons. Fourth degree crimes are the lowest-level indictable offenses in the state. However, do not let the fact that this is a lower-level felony offense fool you. No matter how minor the offense may appear to be, there are numerous consequences that can be imposed if you are found guilty of a fourth degree crime in Kearny. In fact, if convicted, you can be sentenced to New Jersey State Prison for up to 18 months, among other severe repercussions. An experienced Kearny criminal defense attorney can assist you by limiting your exposure to these consequences and in some cases, helping you to avoid them altogether. For example, you may be eligible for the Pre-Trial Intervention Program (PTI), a downgrade to a disorderly persons offense, or even a dismissal based on the evidence or lack thereof. Contact our local Kearny criminal defense lawyers to discuss your case and find out what avenues may provide your best resolution. You can reach us anytime online or by phone at (201) 793-8018 for a free consultation.
Charged with a Fourth Degree Crime in Kearny, New Jersey
New Jersey law allows police to arrest and charge you with a host of indictable crimes for alleged violations of the NJ Criminal Code. Other states refer to indictable offenses as felonies. Indictable offenses are heard in the Superior Court in the county in which the crime was allegedly committed. If charged with a crime of the fourth degree in Kearny, you will be required to attend the Hudson County Superior Court located at 595 Newark Avenue in Jersey City.
When facing charges for any indictable crime, you have a constitutional right to have an attorney and to have a trial by jury. The jury is made up of 12 people from your community who have been called to serve. At trial, the state will have the heavy burden of proving that you are guilty. If they successfully do so, you can be sent to state prison and be left with a felony conviction on your criminal record. For any indictable crime, the prison sentence depends on the degree of the specific crime for which the accused is being prosecuted. Crimes rank in severity from first through fourth degree.
In New Jersey, a fourth degree crime permits a sentence of 12 to 18 months in state prison. The court also has the option of sending you to the county jail for as much as 364 days and placing you on probation for up to five years. Additionally, there are mandatory and discretionary fines that can be imposed. For most fourth degree crimes, the permissible financial penalty is up to $10,000. Other mandatory penalties may include a $50 Victims of Crime Compensation Assessment, a $75 Safe Neighborhood Fund Fee, and a $30 Law Enforcement Officer’s Training and Equipment Fund Penalty, and the cost of DNA testing. There are other consequences that may ensue for different fourth degree offenses as well; for example, you may face immigration consequences if convicted of a crime of moral turpitude.
Common 4th Degree Crimes in Kearny NJ
Property crimes in Kearny are more commonly charged than violent offenses. While Kearny is below the national average in its overall crime rate, it is slightly above average when it comes to property crimes. These crimes range from simple theft of movable property to criminal mischief, both of which can be graded as crimes of the fourth degree. Some other common fourth degree property crimes that lead to criminal charges in Kearny include receiving stolen property and shoplifting. Each of these offenses has the potential to be graded as both higher and lower-level felony offenses, depending on the circumstances. In the majority of theft cases and those involving property, the degree of crime is determined by the amount of the loss sustained by the victim. For example, if you have been charged with a fourth degree theft offense, it usually means that the value of the stolen property involved is greater than $200 but less than $500. The same holds true for receiving stolen property and criminal mischief, as the amount taken or damage sustained falls within the range of $200-$500.
Other common fourth degree crimes in Kearny include:
- Possession of marijuana over 50 grams
- Driving while suspended for a second or subsequent DUI
- Obstruction of Law
- Hindering Apprehension or Prosecution
- Assault by Auto
- Possession of certain quantities of prescription drugs
- Aggravated Assault
- Some forgery offenses
- Resisting Arrest
Discuss Your Fourth Degree Criminal Charge with a Kearny Defense Attorney
Fourth degree crimes committed in Kearny are taken seriously in Hudson County Superior Court, so it is important to know and assess all of your available options. Knowing what to anticipate when facing fourth degree charges in Kearny and how your case can potentially be resolved is imperative if you are seeking the best result. If you would like a free consultation about fourth degree criminal charges in Kearny, contact us at (201) 793-8018 today. You can speak with one of our skilled Kearny criminal defense attorneys for a free review of your case and potential options anytime.