Although misdemeanors are not as serious of offenses as felonies, they can still be harshly penalized. If you wish to avoid going to jail for your misdemeanor conviction in New Jersey, work with an experienced Bergen County, New Jersey criminal defense lawyer for legal advice and representation.
What is a Misdemeanor?
There are six classes of crimes that you can face in New Jersey. Individuals arrested for a crime in NJ can be charged with a:
- First-degree indictable crime
- Second-degree indictable crime
- Third-degree indictable crime
- Fourth-degree indictable crime
- Disorderly person offense
- Petty disorderly person offense
Note that the words felony and misdemeanor are not used here. While most states adopt these terms in classifying crimes, NJ opts to use the above classification. Indictable crimes are comparable to felonies while disorderly person offenses are akin to misdemeanors.
Indictable crimes are serious offenses and include crimes like murder, aggravated assault, credit card fraud, and manslaughter. Disorderly person offenses can be serious too but they are not quite as severe and result in less harsh punishments. Examples of disorderly offenses include simple assault, shoplifting, harassment, and resisting arrest.
The penalties for indictable crimes and disorderly person offenses vary since indictable crimes are more serious offenses.
Can I Be Sentenced to Jail for a Misdemeanor in NJ?
Misdemeanor convictions can be accompanied by a variety of penalties. The punishment you are given will depend on the details of the situation.
Standard disorderly person offenses are generally penalized by fines of up to $1,000 and jail time of up to 6 months. A petty disorderly person offense conviction can receive fines of up to $500 and jail time of up to 30 days. Imprisonment is a common result of misdemeanors, though probation may be offered instead.
What Factors Affect My Sentencing?
Aggravating circumstances can increase the severity of the crime and therefore lead to a harsher sentence. There can also be mitigating circumstances that result in a judge considering a lesser sentence. Some aggravating factors that can exacerbate the penalties you receive include:
- Your prior criminal history
- Whether the offense was violent
- Lack of remorse
- The heinousness of the crime
- The seriousness of the offense
Mitigating circumstances can include:
- Whether you were a minor at the time of the crime
- Whether you were an accomplice to another person
- Whether you were coerced into committing the crime
The outcome of your case will be impacted by every detail of your circumstances. Although a disorderly person offense can be charged with 6 months in jail, if there are several mitigating circumstances a judge may decide to impose a shorter sentence or forgo jail time and order probation instead.
Get Legal Help Today
If you are facing criminal misdemeanor charges, finding the right legal team for you is imperative. The attorneys at the Law Office of E. Gregory M. Cannarozzi are equipped with extensive knowledge and experience in criminal defense. Formulating an effective defense and understanding the legal process can allow you to move through the situation with confidence. Reach out to a skilled attorney today to schedule your consultation and discuss the details of your situation.