Indictable Crimes

Facing Indictable Crime Charges in NJ? Let Our Legal Team Protect Your Rights.

Indictable Crimes

In New Jersey, crimes commonly referred to as “felonies” in other states are classified as Indictable Crimes or Indictables. These crimes are categorized into four degrees, with the severity of the penalties depending on the degree of the offense. A 1st Degree charge carries the harshest penalties, while a 4th Degree charge is associated with less severe consequences. The classification of any specific offense is determined by New Jersey's criminal code, particularly for offenses beginning with the prefix 2C. The degree of the crime depends on various factors, including the circumstances of the crime and the extent of physical or financial harm caused to the victim. Each Indictable offense carries significant penalties, including fines, probation, and possible incarceration. For 1st and 2nd Degree Crimes, a conviction often comes with what is known as a “presumption of incarceration.” This means that if a defendant is found guilty, they are almost certain to be sentenced to time in New Jersey State Prison.

Maximum Penalties For Indictable Crimes

Mount Laurel Township Theft Attorneys

2C:20-1 et. al. In New Jersey, theft offenses are categorized under Chapter 20 of the criminal code, Title 2C. The severity of the charges depends on the value of the property allegedly taken, misappropriated, or obtained by unlawful means. Theft-related offenses can range from Disorderly Persons Offenses to 1st Degree Crimes, with the penalties escalating depending on the value involved.

• Robbery; N.J.S.A. 2C:15-1
• Theft by Unlawful Taking or Disposition; N.J.S.A. 2C:20-3
• Theft by Deception; N.J.S.A. 2C:20-4
• Theft by Extortion; N.J.S.A. 2C:20-5
• Theft of Property Lost, Mislaid or Delivered by Mistake; N.J.S.A. 2C:20-6
• Receiving Stolen Property; N.J.S.A. 2C:20-7
• Theft of Services; N.J.S.A. 2C:20-8
• Failure to make required disposition of Property; N.J.S.A. 2C:20-9
• Unlawful Taking of Means of Conveyance (Automobiles); N.J.S.A. 2C:20-10
• Shoplifting; N.J.S.A. 2C:20-11

In many cases, restitution may be required, meaning the defendant might need to repay the victim for the stolen property. This amount is often negotiable and can be determined in a hearing. A thorough defense, including an evaluation of restitution, is essential before entering a plea or going to trial.

Theft by Unlawful Taking or Disposition; N.J.S.A. 2C:20-3

Theft involves the unlawful taking or transfer of property that is either movable (such as goods) or immovable (such as real estate). The severity of the charge depends on the value of the stolen property. For instance:

• If the stolen property is valued under $200, the charge is a Disorderly Persons Offense.
• If the property is valued over $75,000, the charge is a 2nd Degree Felony.

Several factors can impact the charges, including how the value of the property is assessed. It’s important to challenge the valuation and circumstances of the alleged theft.

Grading of Theft Offenses (N.J.S.A. 2C:20-3(b))

• 1. 2nd Degree: Theft involving property valued at $75,000 or more, theft by extortion, or the theft of controlled substances in large quantities.
• 2. 3rd Degree: Theft of property valued between $500 and $75,000, or certain types of stolen property (such as firearms, vehicles, or animals).
• 3. 4th Degree: Theft involving property worth between $200 and $500.
• Disorderly Persons Offense: Theft of property valued under $200.

Convictions for theft-related offenses can lead to a permanent criminal record and may involve probation or jail time. If you've been charged with theft, contact The Law Office of Nicholas A. Moschella, Jr., LLC for a FREE CONSULTATION

Theft by Deception and Extortion (N.J.S.A. 2C:20-4 & 2C:20-5)

Theft by Deception (N.J.S.A. 2C:20-4) occurs when someone unlawfully obtains property by creating a false impression, preventing another from getting important information, or failing to correct false impressions that influence others. Theft by Extortion (N.J.S.A. 2C:20-5) involves obtaining property through threats, such as:

• Threatening harm or injury to a person.
• Accusing someone of a crime.
• Publicly revealing a secret or damaging someone’s reputation.

If the property stolen through deception or extortion exceeds $75,000, the crime is classified as 2nd Degree, with a presumption of incarceration. A conviction can lead to 5-10 years in New Jersey State Prison.

SHOPLIFTING – N.J.S.A. 2C:20-11

In New Jersey, shoplifting is a serious offense with penalties that range from fines and community service to jail time. Under N.J.S.A. 2C:20-11, shoplifting includes actions like taking merchandise without paying, concealing items with intent to steal, altering price tags, under-ringing at checkout, or even removing shopping carts without permission. Penalties for Shoplifting:

• Less than $200: Charged as a Disorderly Persons Offense in Municipal Court—up to 180 days in jail.
• 200–$500: Fourth-Degree Crime—up to 18 months in prison.
• $500–$75,000: Third-Degree Crime—3 to 5 years in prison.
• $75,000 or more, or part of an organized retail theft: Second-Degree Crime—5 to 10 years in prison.

Repeat Offenders: A third shoplifting conviction comes with a mandatory 90-day jail sentence. Other consequences can include civil fines, probation, no-trespass orders, and community service (starting at 10 days for a first offense). If you’re facing shoplifting charges in towns like Mount Laurel, Moorestown, or Medford, it’s crucial to act fast. Don’t face this alone—call now for the experienced legal guidance you need.

Robbery – N.J.S.A. 2C:15-1

Robbery is treated as a violent crime in New Jersey, carrying severe penalties. Under N.J.S.A. 2C:15-1, robbery occurs when someone uses force, inflicts injury, makes threats, or commits another serious crime during a theft—or while fleeing the scene. Degrees of Robbery:

• Second-Degree Robbery: Up to 10 years in state prison.
• First-Degree Robbery: Up to 20 years if the offender uses a deadly weapon, causes serious injury, or attempts to kill.

Robbery convictions fall under New Jersey’s No Early Release Act (NERA), meaning offenders must serve at least 85% of their sentence before becoming eligible for parole. Because robbery cases are aggressively prosecuted, having the right defense is key. If you or a loved one is facing robbery charges in Burlington County, don’t wait—reach out today for the legal help you deserve.

Resisting Arrest, Eluding - N.J.S.A. 2C:29-2

Resisting Arrest, Eluding an Officer in New Jersey

Resisting arrest in New Jersey can be classified as either a disorderly persons offense, handled in the Municipal Court of the town where the charge occurred, or as a felony offense, which is addressed in the County Superior Court based on the specifics of the case. In contrast, eluding law enforcement is always a felony (Indictable Offense) and is charged as either a third or second-degree crime. Eluding involves intentionally fleeing from officers attempting to make a lawful arrest, whether by vehicle, vessel, or on foot. If the flight causes injury or creates a risk of death or injury while operating a motor vehicle or vessel, it results in a second-degree eluding charge, which carries a presumption of incarceration. Additional penalties include mandatory driver’s license suspension and fines. Key Points from N.J.S.A. 2C:29-2:

• Disorderly Persons Offense: Purposely preventing or attempting to prevent a law enforcement officer from making an arrest.
• Fourth-Degree Crime: Fleeing to avoid arrest without creating substantial risk.
• Third-Degree Crime: Using force, threats, or actions that risk injury during flight.
• Second-Degree Crime: Creating a significant risk of death or injury during an eluding incident, especially when using a motor vehicle or vessel.

For skilled legal representation, contact Nicholas Moschella, former Municipal Prosecutor in over 20 towns across Burlington, Ocean and Monmouth Counties, for a FREE CONSULTATION at(609) 875-2775.

Burglary – N.J.S.A. 2C:18-2

Understanding Burglary Charges

In New Jersey, burglary involves unlawfully entering or remaining in a structure with the intent to commit an offense. This crime is typically a third-degree felony, punishable by up to five years in state prison. However, certain factors can escalate it to a second-degree crime. Third-Degree Burglary:

• Unauthorized entry into a structure or secured area.
• Remaining unlawfully with the intent to commit an offense.

Second-Degree Burglary:

• Inflicting or threatening bodily harm.
• Being armed with or displaying what appears to be a deadly weapon.

Definition of a Structure: Includes buildings, vehicles, vessels, or any place adapted for overnight accommodation or business activities. Burglary charges require a fact-based analysis, as the degree of the offense depends on specific actions and intent. For expert legal advice, contact The Law Office of Nicholas A. Moschella, Jr., LLC at (609) 875-2775 for a FREE CONSULTATION.

Unlicensed Entry of Structures; Criminal Trespass – N.J.S.A. 2C:18-3

Criminal Trespass Overview

Under New Jersey law, criminal trespass involves unlawfully entering, remaining, or peering into structures or properties without permission. Offenses range from petty disorderly persons offenses to fourth-degree crimes. Fourth-Degree Crime:

• Trespassing in a dwelling, school, or research facility.
• Peering into windows of dwellings with intent to invade privacy.

Disorderly Persons Offense:

• Unlawful entry into non-dwelling structures.

Petty Disorderly Persons Offense:

• Defiant trespassing despite posted warnings or barriers.

Defenses to Trespass Charges:

• The structure was abandoned.
• The property was open to the public.
• Reasonable belief of having permission to enter.

For effective legal defense, contact Attorney Nicholas Moschella today.

Assault – N.J.S.A. 2C:12-1

Assault in New Jersey can range from a minor offense to a serious felony, depending on the situation. Simple Assault (Disorderly Persons Offense)

• Up to 6 months in jail
• Fines up to $1,000
• Occurs when someone:
  -Intentionally or recklessly causes bodily injury
• -Negligently causes injury with a deadly weapon
• -Uses physical intimidation to make someone fear imminent harm

Aggravated Assault (2nd, 3rd, or 4th Degree Crime) Charges depend on injury severity and circumstances:

• 2nd Degree: Serious bodily injury or acts showing extreme indifference to human life (5–10 years in prison with 85% served under the No Early Release Act)
• 3rd Degree: Injuries caused with a deadly weapon or assaults on certain public servants
• 4th Degree: Reckless harm or threats with a weapon

Aggravated Assault can lead to felony convictions, significant prison time, and a permanent criminal record. Charged with Assault? Don’t risk your future—Call Now.

Assault by Auto or Vessel – N.J.S.A. 2C:12-1(c)

Driving recklessly and causing injury can result in serious criminal charges: Penalties Based on Severity:

• 4th Degree Crime: Bodily injury due to reckless driving
• 3rd Degree Crime: Serious injury while driving under the influence (DUI)
• 2nd Degree Crime: DUI with serious injury in school zones or crossings (up to 10 years in prison)

Using a cell phone while driving can be considered reckless and increase charges. Aggressive driving—tailgating, weaving through traffic, or ignoring signals—can also result in criminal penalties if it leads to injury. If convicted, penalties can include prison time, heavy fines, and a felony record. Facing Assault by Auto or Vessel Charges? Act now—Call for a FREE consultation before it’s too late.

Terroristic Threats.2C:12-3

In New Jersey, Terroristic Threats is a third-degree crime, carrying penalties of 3–5 years in state prison and fines up to $15,000. These charges commonly arise in domestic violence cases and often lead to Temporary Restraining Orders (TROs). What makes this charge tricky? Statements made in the heat of the moment—angry outbursts, emotional arguments, or empty threats—can still be considered criminal under New Jersey law. Even if you didn’t mean it seriously, the law focuses on how the threat was perceived. Key Points About the Law:

• General Threats of Violence: Making threats intended to scare someone or cause public disruption is a third-degree crime.
• During a State of Emergency: If this happens during a declared emergency, the charge increases to a second-degree crime, even if you didn’t know about the emergency.
• Threats to Kill: Directly threatening someone’s life with the intent to cause immediate fear can also lead to a third-degree charge.

A simple argument can spiral into serious legal trouble, leading to a permanent criminal record, probation, restraining orders, or even jail time. Facing a Terroristic Threats charge? Don’t take chances with your future. Call now for a FREE consultation and get the guidance you need at (609) 875-2775.

Serious Charges Call for a Strong Defense for Indictable Crimes in New Jersey.

Unlawful Possession of a Weapon in New Jersey

If you've been arrested or charged with unlawful possession of a firearm in New Jersey, you're facing severe consequences—regardless of how or why the weapon was in your possession. New Jersey has some of the strictest gun laws in the country. Conceal and Carry permits are extremely limited, and even legally owned firearms can result in serious penalties if not properly licensed. Under New Jersey’s Graves Act, those convicted of unlawful possession face mandatory state prison sentences. For 2nd or 3rd-degree indictable offenses, this often means a minimum of five years in prison, with 42 months (3½ years) before you're eligible for parole. If there are aggravating factors—such as prior felony convictions, involvement in drug distribution, or using the firearm for unlawful purposes—additional charges may apply, increasing potential penalties.

Fighting Graves Act Penalties

To avoid the harsh mandatory sentences, your attorney can apply for a Graves Act Waiver through the County Prosecutor’s Office. These waivers are rarely granted and require extensive legal documentation and a strong argument for leniency. Individuals with no prior criminal record might usually qualify for diversionary programs like Pre-Trial Intervention (PTI); however, PTI is off the table for most Graves Act charges. Don’t risk your future. Call today for a FREE CONSULTATION with The Law Office of Nicholas A. Moschella, Jr., LLC.

Possession of a Weapon During Drug Activity – N.J.S.A. 2C:35-4.1

Possessing a weapon while committing drug-related crimes in New Jersey leads to severe penalties:

• Firearm possession during drug crimes: 2nd-degree crime
• Possession of other weapons with intent to harm: 2nd-degree crime
• Possession of weapons not obviously for lawful use: 2nd-degree crime

Penalties under this statute are consecutive to any drug-related sentences—meaning additional prison time.

Possession of a Weapon for Unlawful Purpose – N.J.S.A. 2C:39-4

• Firearms: 2nd-degree crime if intended for unlawful use.
• Community Guns: Possessing or transferring a “community gun” (a firearm shared among individuals for criminal use) carries mandatory prison time.
• Explosives/Destructive Devices: 2nd-degree crime.
• Other Weapons (e.g., knives, bats): 3rd-degree crime.
• Imitation Firearms: 4th-degree crime if used to intimidate or threaten.

Unlawful Possession of a Handgun – N.J.S.A. 2C:39-5

• Handguns without a permit: 2nd-degree crime.
• Air guns, spring guns, etc.: 3rd-degree crime if capable of causing injury.
• Loaded rifles/shotguns without proper permits: 3rd-degree crime.

Certain Persons Not to Possess Weapons – N.J.S.A. 2C:39-7

Some individuals are legally prohibited from possessing weapons, including those with prior convictions for violent crimes, certain drug offenses, or specific domestic violence charges. Violating this statute carries penalties ranging from 2nd to 4th-degree crimes, depending on the offense. Facing a weapons charge in New Jersey? Don’t navigate this alone. Contact The Law Office of Nicholas A. Moschella, Jr., LLC for aggressive, strategic defense.

Make An Appointment

Whether you have been charged with a DWI, Criminal, Traffic or Domestic Violence offense; you need to be represented by an experienced and knowledgeable attorney to immediately begin to prepare a defense in your matter and protect your rights. Contact us for a FREE Consultation and see what The Law Office of Nicholas A. Moschella, Jr. can do for you.