Our experienced criminal defense attorneys represent clients against State and Federal criminal charges in Mercer County, NJ, from Speeding and DUI offenses to Aggravated Assault and Domestic Violence Restraining Orders GET A FREE CONSULTATION
Charged with a second degree indictable offense in Mercer County? Was it for Aggravated Assault? Burglary? Sexual Assault? Eluding? Endangering the Welfare of a Child? Heroin Distribution? Gun Charge? If so, we strongly urge that you speak to an experienced Mercer County Criminal Defense Attorney as soon as possible. As you will see below, a second degree indictable offense carries with it not only a presumption of imprisonment if convicted but the term of incarceration could be up to a decade. Clearly these types of consequences are life changing. If you would like to speak to one of the criminal defense lawyers at Proetta, Oliver & Fay about your options, then please contact our Hamilton office at 609.789.0779. Our office handles all of Mercer County, including towns like East Windsor, Ewing, Trenton, Robbinsville, Highstown, Lawrenceville and Princeton.
Need a Lawyer for a 2nd Degree Felony in Trenton NJ
First and foremost, it is important to understand that New Jersey does not use the phrase “Felony” and “Misdemeanor” instead we use “Indictable Offenses” and “Disorderly Persons Offenses” respectively. Furthermore, indictable offenses are broken down into four different degrees: 1st Degree, 2nd Degree, 3rd Degree and 4th Degree. The specific charge and the underlying facts surrounding it will dictate what degree an individual is charged with.
All indictable offenses, regardless of the degree, will need to be transferred from the local municipality to the superior court in the county where the incident happened. For example, if an individual is pulled over in Hamilton for speeding and a subsequent search thereafter results in the discovery of a gun, the unlawful possession of a weapon as well as the speeding ticket would need to be transferred from the Hamilton Municipal Court to the Mercer County Superior Court in Trenton for disposition.
When it comes to most second degree felony offenses, they typically are issued on what is known as a “Complaint-Warrant”, which will result in the individual spending at least 24 hours in the Mercer County Jail until they have their Central Judicial Processing Hearing. At this hearing, the individual will be informed whether they will be released pending trial or whether the prosecution will be filling a Detention Motion. If a detention hearing motion is in fact filed, it will then be up to for a judge to determine whether or not the individual will be released upon some form of a bail pending trial. This hearing usually occurs about five days after arrest. If the individual is released, their case will be marked for what is known as a Pre-Indictment Conference (PIC). During this hearing, the prosecution typically tends to offer what they feel is their “best offer” in an effort to resolve cases prior to being litigated. If the case cannot be worked out through PIC the case will be proceed through traditional court proceedings (i.e. Indictment, Arraignment, Status Conferences, Motion Practice, Trial).
What is the Sentence for a 2nd Degree Felony in NJ
As touched upon earlier, a second degree indictable offense carries with it extremely devastating consequences. Anyone convicted of or who pleads guilty to a crime of the second degree will be facing the following penalties:
- Up to 10 Years in State Prison;
- Sentence could be subject to No Early Release Act or the Graves Act
- Fine up to $150,000;
- A Felony Criminal Record;
- Court Mandated Treatment (Mental Health, Drugs / Alcohol, Anger Management)
- Community Service
- License Loss
In addition, a crime of the second degree also carries with it the presumption of incarceration, which means that anyone facing a sentence on a second degree felony will more likely than not be sentenced to a term of incarceration.
What type of Crimes are Considered 2nd Degree Felonies in NJ?
Most second degree indictable offenses will be determined by the specific facts surrounding the incident. In other words, most second degree crimes could also be considered third degrees or first degrees as well. For example, typically a burglary in New Jersey is considered a crime of the third degree unless the individual is alleged to have used or threatened to used a deadly weapon, then it is a second degree. Here is a list of some of the most common second degree felony offenses that we see in Mercer County:
- Aggravated Assault
- Heroin Distribution
- Sexual Assault
- Endangering the Welfare of a Child
Need a Felony Lawyer in Mercer County NJ
Being arrested and charged with a crime can be unsettling but when it is for a second degree felony it can be crippling. If you or a loved one has unfortunately been charged with a second degree felony in Mercer County, the attorneys in Proetta, Oliver and Fay can help. Our attorneys defend those accused of crimes in courts throughout Mercer County, including Highstown, West Windsor, Hopewell, Trenton and Princeton. To set up a free initial consultation today, please contact our office at 609-789-0779 or you can try contacting us online.