New Jersey Criminal Defense Attorneys

Most people don’t think about looking for a criminal defense attorney until they need one, and then it is usually an emergency situation. Sometimes people call the first person that comes to mind who is an attorney—perhaps a neighbor, or a cousin, or someone they met at a party months ago. While it may be an advantage to contact someone you know when you find yourself arrested on a Friday night and you don’t know who else to call, once you are released and awaiting your next hearing, it may be worthwhile to find someone who is well versed in criminal law.

Essentially, crimes in New Jersey are categorized in four degrees. The statute governing the degree of offense in New Jersey is N.J.S.A. 2C:43-1 which reads in pertinent part:

§ 2C:43-1. Degrees of crimes

a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows:

(1) Crimes of the first degree;

(2) Crimes of the second degree;

(3) Crimes of the third degree; and

(4) Crimes of the fourth degree.

A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree.

b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree. Except as provided in sections 2C:1-4c. and 2C:1-5b. and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree.

Criminal Penalties
for First, Second, Third, and Fourth Degree Crimes in NJ

Generally, the penalties imposed for crimes in New Jersey are as follows:

First Degree involves ten (10) to twenty (20) years in prison
Second Degree involves five (5) to ten (10) years in prison
Third Degree involves one (1) to five (5) years in prison
Fourth Degree involves up to eighteen (18) months in prison
Disorderly Persons Offenses involve up to six (6) months in prison

Drug Crimes:

Marijuana Penalties & Punishment:

Penalties imposed for possession or distribution of marijuana varies depending on the seriousness of the related charge. Where marijuana possession involves a minor quantity, the commensurate penalties are also limited. The punishment gets more severe, however, as the weight of the marijuana involved increases.

Possession Penalties:

Possession of Less than Fifty (50) Grams of Marijuana is a disorderly persons offense punishable by up to six (6) months in jail. Possession of More than Fifty (50) Grams of Marijuana is a Fourth Degree offense punishable by up to eighteen (18) months in jail.

Distribution Penalties:

The following table shows the degree of offense, weight of marijuana involved, the jail exposure, and the fine amount for each category of marijuana distribution.

First Degree	25 lbs. or More	10-20 years prison	Up to $300,000
Second Degree	5-25 lbs.	5-10 years prison	Up to $150,000
Third Degree	1 Ounce – 5 lbs	0-5 years in prison	Up to $25,000
Fourth Degree	Less than 1 Ounce	0-18 months jail	Up to $10,000

Mandatory Drivers License Suspension:

In addition to the aforesaid penalties, an individual is exposed to a six (6) month mandatory drivers license suspension if convicted of possession of marijuana or distributing marijuana. This suspension can, however, be avoided if a sufficient showing of “hardship” can be demonstrated by defense counsel.

School Zones:

New Jersey law imposes severe penalties for distribution of marijuana within a school zone. Minimum periods of jail are imposed if an individual is convicted of selling marijuana within 1,000 of school property, so it is imperative that an experienced attorney be enlisted in these cases

Criminal proceedings can be complicated and risking time in jail is not something anyone should take lightly. Don't trust your case, and perhaps your freedom, to anyone. Put your trust in Joseph M. Ghabour, Attorney At Law, LLC.  We give each case the attention it deserves. Call us today for your consultation. It may be one of the most important decisions you make! With offices is Matawan and Jersey City, NJ, we are conveniently located.