New Jersey Indictable Crimes Lawyer: Felony Charges in Superior Court

What is an indictable crime in New Jersey?

The New Jersey Code of Criminal Justice (Title 2C) divides offenses into crimes, which are graded first, second, third, or fourth degree, and lesser disorderly persons and petty disorderly persons offenses. Crimes are called "indictable" because the State must obtain an indictment from a grand jury before trial unless you waive it. Other states call these felonies.

Disorderly persons offenses stay in municipal court and carry up to 6 months in jail. See disorderly persons offenses. Indictable crimes go to the Criminal Division of the Superior Court in the county where the offense happened.

What are the degrees of crimes and their sentences?

Ordinary ranges come from N.J.S.A. 2C:43-6 and maximum ordinary fines from N.J.S.A. 2C:43-3. Specific statutes can set different terms or higher fines.

Under N.J.S.A. 2C:44-1(d), a first- or second-degree conviction carries a presumption of prison unless imprisonment would be a serious injustice. Under amendments approved in 2026 (P.L.2025, c.328 and P.L.2026, c.30), the presumption of imprisonment also applies to a third-degree crime when the judge finds aggravating factor (5) (organized criminal activity), (14) (domestic violence in the presence of a child under 16), or (15) (repeated domestic violence), and it does not apply when the judge finds the new mitigating factor for a defendant who was a victim of domestic violence or other substantial abuse. Under 2C:44-1(e), a first-time offender convicted of a third- or fourth-degree crime is presumed not to go to prison unless it is needed to protect the public, with listed exceptions. More: degrees of crimes.

What are NERA and the Graves Act?

Two laws can require minimum prison time. The No Early Release Act (N.J.S.A. 2C:43-7.2) requires a person convicted of certain listed first- or second-degree violent crimes, such as robbery, aggravated assault, carjacking, and burglary, to serve 85% of the sentence before parole eligibility, followed by parole supervision (5 years for first degree, 3 years for second degree).

The Graves Act (N.J.S.A. 2C:43-6(c)) applies to certain firearm offenses and crimes committed with a firearm. It requires a minimum parole ineligibility term of one-half of the sentence or 42 months, whichever is greater, or 18 months for a fourth-degree crime. See weapon charges.

What happens after an arrest for an indictable crime?

1. Complaint. Police charge you on a complaint-summons (you are released and given a court date) or a complaint-warrant (you are held for a release decision).
2. Release decision and first appearance. Under Criminal Justice Reform, which took effect January 1, 2017, most cases no longer use cash bail. Pretrial Services prepares a risk assessment and the judge sets release conditions.
3. Detention hearing, if the prosecutor moves to detain. It is held no later than the first appearance unless continued (N.J.S.A. 2A:162-19(d)(1)). See detention hearings.
4. Pre-indictment. The prosecutor reviews the case and may offer a plea, downgrade the charge to municipal court, or present it to a grand jury. This is often the best time to apply for PTI.
5. Grand jury and indictment. A grand jury hears the prosecutor's evidence in secret and decides whether to indict. More: grand jury and indictment.
6. Arraignment and status conferences. You enter a plea and receive discovery. Motions to suppress evidence or dismiss the indictment are filed.
7. Plea negotiations, trial, and sentencing. You decide whether to accept an offer or go to a jury trial. If convicted, the judge sentences you under the Code.

How long can I be held before trial?

If you are detained, N.J.S.A. 2A:162-22 sets deadlines. You must be indicted within 90 days of detention, and trial must start within 180 days after indictment, excluding time that the law allows to be excluded (for example, delays the defense requests). The prosecutor can ask for a limited extension. If the prosecutor is not ready for trial within two years of the detention order, excluding delays caused by the defense, you must be released.

What diversion programs are available?

Diversion can end a case without a conviction. Which program fits depends on the charge and your history.

See PTI in New Jersey and conditional discharge.

How do we defend indictable charges?

• Challenging the stop, search, or arrest with a motion to suppress
• Challenging statements taken without proper warnings
• Testing identification, forensic, and digital evidence
• Pressing for a downgrade to a disorderly persons offense in municipal court where the facts support it
• Presenting mitigating information to the prosecutor before indictment
• Preparing for a jury trial when that is the right choice

We do not promise outcomes. Every case depends on its facts.

What are the long-term consequences of an indictable conviction?

• Record. An indictable conviction is a criminal record visible on many background checks. Some convictions can later be expunged; see expungement.
• Firearms. Many convictions bar firearm possession under state and federal law.
• Licenses and employment. Professional licenses and jobs can be affected.
• Future cases. A prior record affects bail decisions, PTI eligibility, and sentencing presumptions.

Where will my case be heard?

In the Criminal Division of the Superior Court for the county where the offense happened, after a first appearance that may be held virtually or at the county courthouse. We handle cases across our service counties from our Newark office: see where we handle cases.

Recent changes to New Jersey law on this topic

• 2018-07-01: Court Rules 3:28-1 to 3:28-10 govern PTI eligibility and procedure.
• 2017-01-01: Criminal Justice Reform Act takes effect: risk-based release, detention hearings, and speedy-trial deadlines for detained defendants.