What is a fourth degree crime in New Jersey? Is that a misdeamenor or is that a felony? What are the range of possibilities on it. Specifically,a charge of violation of a restraining order is the issue. thank you.
State/Country relating to question: New Jersey
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.New Jersey lists a Misdemeanor as a crime for which the maximum penalty is six months imprisonment, and that all other crimes above that are crimes of the first, second, third, or fourth degree. N.J. Stat., Section 2C:1-4. However, Section 2C:43-1 provides that a crime simply designated as a "misdemeanor" shall be considered a crime of the fourth degree. The maximum penalty is up to 18 months imprisonment, a fine of $10,000, or both. Section 2C:43-3 and 2C:43-6.
Ok. How is one to know which one they are being accused of? If all the police report shows is 4th degree crime, how does one know if it is a fourth degree Felony or a misdemeanor?
What that exception is saying is that it a crime that only says "misdemeanor" is a crime of the fourth degree. If it says "crime of the fourth degree, it should be a felony unless otherwise stated. Sometimes, a defendant can negotiate with the DA to have it knocked down.
Case in progress. Felony charges. Stalking and contempt of court charges. 6 count indictment. Defendant pled to a Disorderly persons offense.
Before sentencing even took place, a charge that was discussed above, a 4th degree charge is filed on the case that occurred after the plea but before sentencing.
How does it affect sentencing?
The judge is not allowed to consider any fact during sentencing that hasn't been presented to the jury and proven beyond a reasonable doubt. That means that he can't use the pending charges to increase the sentence. If he is convicted on the pending charges, the jury will consider the prior convictions, and there may be a longer sentence as a result.
Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
In the case being discussed, the plea occurred before the case went to trial. Is the judge allowed to consider any fact during sentencing that hasn't been presented to a jury and proven beyond a reasonable doubt in this case?
,Lucy Esq. has done an excellent job. I already submitted the rating.I have just a few more questions:a.) In the case being discussed, the plea occurred before the case went to trial. Is the judge allowed to consider any fact during sentencing that hasn't been presented to a jury and proven beyond a reasonable doubt in this case?b.) The case in quesiton is in between the disposition of the case and sentencing. If probation had started already, I imagine that it could be considered a violation of probation. If probation has not started yet, can one get a violation of probation? If so, then how does it work? If not, then how does it work? Thank you.
I apologize for the delay. I'm actually out of town for the weekend, so I may not see your responses right away.In a plea situation, the judge can't consider facts not proven or admitted by the defendant. If the defendant says, "I did X, which hasn't been to trial yet," the judge could consider that, but no competent defense attorney would allow his client to admit guilt in a pending criminal case.A person cannot violate probation before he starts, no. If he's out on some sort of pretrial release program, he could violate the terms of that (and that is very similar to probation).
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