We are Experienced and Aggressive New Jersey Indictable Crimes Defense Attorneys
Defending your rights, challenging unconstitutional police evidence, and fighting to keep you out of state prison when facing felony-level charges in Superior Court.
In New Jersey, the legal system does not use the word “felony.” Instead, serious offenses that carry the threat of state prison time are officially classified as indictable crimes. If you have been arrested on an indictable charge, your case will not be handled in a local municipal court with a minor fine and a slap on the wrist. Your case will be transferred to the County Superior Court, prosecuted by a specialized team of County Assistant Prosecutors, and decided by a Superior Court Judge or a grand jury.
At Raff & Raff, LLP, we have represented residents of Paterson, Passaic County, and throughout Northern New Jersey for over 100 years. We understand the sheer, paralyzing terror that comes with facing indictable charges. We also know that when your freedom is on the line, the last thing you need is a lawyer who makes empty “guarantees” or tells you what you want to hear just to collect a retainer fee.
Our advocacy is defined by absolute honesty, tireless investigation, and aggressive trial preparation. We analyze every police report, look for constitutional flaws in how the state obtained its evidence, and map out a realistic path to protect your clean record and keep you out of state prison. If your future is on the line, we are seasoned courtroom advocates fully prepared to defend you at trial.
Successfully defending against an indictable charge in the Superior Court, Criminal Division requires a meticulous, constitutional approach to the prosecution’s evidence. Under New Jersey’s strict bail reform laws, the State has the power to file a motion for pretrial detention, meaning you could be kept in county jail for the entire duration of your case without the option of cash bail. Whether our defense strategy involves challenging unlawful searches through a motion to suppress evidence, negotiating a formal waiver of mandatory sentencing terms, or applying for diversionary programs like Pre-Trial Intervention (PTI) to secure a complete dismissal, we aggressively fight for your rights. Our century of courtroom trial experience ensures that your defense is constructed from a position of strategic strength to protect your clean record and your personal liberty.
“Many people assume that if they have never been arrested before, a judge will show them mercy on a felony-level indictable charge. In New Jersey, this is a dangerous assumption. Under our state’s criminal code, certain grades of indictable crimes carry a mandatory ‘presumption of incarceration.’ This means that even if you have a completely clean record, the judge is legally mandated to sentence you to state prison unless your attorney can present a compelling, highly technical legal argument to overcome that presumption.”
— Daniel A. Levy, Esq.
Understanding Indictable Crimes: What is a “Felony” in New Jersey?
Because New Jersey uses unique legal terminology, it is vital to understand what an indictable charge actually means for your case:
- Permanent Criminal Record: If you are convicted of an indictable crime, you will have a permanent, indictable record that will show up on background checks for employment, housing, professional licensing, and loans. Furthermore, you will lose your constitutional right to own or possess firearms.
- The Right to a Grand Jury: Under the New Jersey Constitution, the State cannot put you on trial for a serious crime unless a Grand Jury (a panel of local citizens) reviews the evidence and votes to return a formal “indictment” against you.
- The County Level: Unlike municipal ordinance violations or minor traffic tickets, indictable crimes are handled strictly at the County level in the Superior Court of New Jersey, Criminal Division.
The Four Degrees of New Jersey Indictable Crimes & Penalties
New Jersey classifies indictable crimes into four distinct “degrees.” The degree of your charge is determined by the specific statutory code, the alleged value of stolen property, or the severity of any physical injury:
First-Degree Crimes (The Most Severe)
These are the most serious charges in the state’s criminal code.
- Potential Prison Time: 10 to 20 years in New Jersey State Prison.
- Maximum Fine: Up to $200,000.
- Common Examples: Armed robbery, high-volume drug trafficking, and leader of a narcotics trafficking network.
Second-Degree Crimes
Carry severe, mandatory prison exposure.
- Potential Prison Time: 5 to 10 years in New Jersey State Prison.
- Maximum Fine: Up to $150,000.
- Common Examples: Aggravated assault, certain persons in possession of firearms, eluding police, and theft of property valued at $75,000 or more.
Third-Degree Crimes
The most common type of indictable offense prosecuted in Superior Court.
- Potential Prison Time: 3 to 5 years in state prison.
- Maximum Fine: Up to $15,000.
- Common Examples: Possession of controlled dangerous substances (CDS) like heroin or cocaine, credit card fraud, commercial burglary, and simple terroristic threats.
Fourth-Degree Crimes
The lowest level of indictable offenses, but still carrying the threat of state prison.
- Potential Incarceration: Up to 18 months in state prison.
- Maximum Fine: Up to $10,000.
- Common Examples: Forgery, stalking, harassment (indictable grade), and possession of certain prohibited weapons.
The “Presumption of Incarceration” vs. “Presumption of Non-Incarceration”
To understand the immense danger of your charges, you must understand how New Jersey judges are legally required to sentence defendants:
Third and Fourth-Degree Charges (Presumption of Non-Incarceration): If you are a first-time offender facing a third or fourth-degree crime, the law presumes that you should not go to state prison. Instead, you are highly eligible for probation or diversionary programs. However, this presumption is rebuttable; if the prosecutor can prove you pose a continuous danger, the judge can still sentence you to active prison time.
First and Second-Degree Charges (Presumption of Incarceration): If you are convicted of a first or second-degree indictable crime, the law presumes you must go to prison. Even if you have never committed a crime in your life, the judge’s hands are virtually tied. To avoid state prison, your defense attorney must meet an incredibly high legal threshold, proving that a prison term would cause a “serious injustice” that overrides the need to deter others.
The Critical Battle: Pretrial Detention & New Jersey Bail Reform
- Under New Jersey’s landmark bail reform laws, traditional cash bail has been completely eliminated. You cannot simply pay a bondsman to get out of jail.
- Instead, when you are arrested on a warrant for a serious indictable offense, you are automatically taken to the county jail:
- The 48-Hour Decision: Once booked, the County Prosecutor’s Office has 48 hours to decide whether to release you on monitoring or file a formal Motion for Pretrial Detention.
- The Detention Hearing: If the prosecutor files this motion, a formal hearing will be scheduled within 3 to 5 days before a Superior Court Judge. You will remain locked in jail pending this hearing.
- The Ultimate Risk: If the judge grants the prosecutor’s motion, you will remain incarcerated in the county jail for the entire duration of your case—which can easily take 6 to 18 months—before you ever get a trial.
- Our Representation: This hearing is a high-stakes, emergency battle. We represent you aggressively at this detention hearing, presenting evidence, character reference packages, and structured release proposals to prove to the judge that you can be safely monitored at home while your case is pending.
Indictable Crimes We Actively Defend
We represent individuals facing serious, life-altering indictable charges across Northern New Jersey, including:
Drug Distribution & Intent to Distribute
We defend individuals charged under N.J.S.A. 2C:35-5 for the manufacture, distribution, or possession with intent to distribute controlled dangerous substances (CDS) such as cocaine, heroin, fentanyl, or prescription pills. We challenge the validity of search warrants, traffic stops, and confidential informant testimony to tear down the state’s case.
High-Value Theft, Burglary & Shoplifting
We represent clients accused of grand larceny, commercial burglary, automobile theft, receiving stolen property, and retail shoplifting where the alleged value of the property exceeds $500 (triggering indictable status). We work to contest the state’s valuation of the property and challenge identification evidence.
Aggravated Assault & Weapons Charges
If you are accused of causing bodily injury with a weapon, pointing a firearm, or resisting arrest with force, you face severe aggravated assault charges under N.J.S.A. 2C:12-1(b). We evaluate self-defense claims, defense of property, and challenge the consistency of witness statements.
White-Collar Crimes, Fraud & Credit Card Thef
We provide comprehensive defense against financial crimes, including credit card fraud, forgery, identity theft, commercial embezzlement, and conspiracy. We analyze complex financial paper trails, search warrants, and audit logs to find weaknesses in the prosecution’s forensic evidence.
Avoiding a Record: Pre-Trial Intervention (PTI)
If you are a first-time offender facing third or fourth-degree indictable charges, your absolute best path to protecting your freedom and clean record is a diversionary program known as Pre-Trial Intervention (PTI).
PTI is a highly structured, court-supervised program:
- No Admission of Guilt: You do not have to plead guilty to enter PTI.
- The Process: You are placed on a period of probation-like supervision (typically 12 to 36 months). You must maintain employment, remain arrest-free, and complete any ordered community service or drug testing.
- The Result: If you successfully complete the program, the indictable charges are completely dismissed, and you will have zero criminal conviction on your record.
How We Secure PTI
Admission into PTI is not automatic. The County Prosecutor’s Office acts as a gatekeeper, and they regularly reject applicants based on the nature of the offense. We build an exhaustive mitigation package—compiling proof of employment, character reference letters, and psychological or substance evaluations—to convince the prosecutor and the PTI director that you are a perfect candidate for diversion.
Centrally Located in Paterson and Ridgewood to Serve Northern New Jersey
Because serious indictable firearm and weapons charges are felony-level offenses, they are handled strictly at the County level in the Superior Court of New Jersey.
Our central office on Church Street in Paterson is located less than a 5-minute walk from the Passaic County Superior Court and Courthouse Complex and a short drive to the surrounding county courthouses. This makes us uniquely positioned to handle emergency detention hearings, file time-sensitive motions, and represent clients seamlessly in:
- County Superior Courts: Passaic County (Paterson), Bergen County (Hackensack), Essex County (Newark), Morris County (Morristown), and Hudson County (Jersey City).
- Local Municipal Courts: Paterson, Clifton, Wayne, Passaic, Little Falls, Totowa, Woodland Park, Hackensack, Paramus, and surrounding towns.
Frequently Asked Questions About NJ Indictable Charges
An Indictment is a formal charge voted on and returned by a Grand Jury of local citizens after reviewing the prosecutor’s evidence. An Accusation is a formal charge filed directly by the prosecutor without going to a grand jury. To proceed via Accusation, the defendant must formally waive their constitutional right to a grand jury, which is typically done as part of a negotiated plea agreement or entry into a diversion program like PTI.
A Motion to Suppress is a formal legal application asking the Superior Court Judge to throw out physical evidence (like drugs, weapons, or money) because the police obtained it in violation of your constitutional rights. If the police stopped your vehicle without reasonable suspicion, searched your home without a warrant, or coerced a confession, we will file this motion to dismantle the state’s case.
Yes. If you are charged with a first or second-degree indictable crime, you face a statutory “presumption of incarceration.” This means that even with a completely spotless record, you are highly likely to be sentenced to state prison unless your attorney can secure a formal downgrade or convince the judge to overcome the presumption.
In New Jersey, the general statute of limitations for most indictable crimes (felonies) is five years from the date the crime was allegedly committed. If the state fails to file formal charges or obtain an indictment within this five-year window, they are forever barred from prosecuting you for that offense.
Protect Your Freedom. Schedule Your Free Consultation Today.
Do not allow an arrest or an indictable charge to destroy your career, your family, and your personal liberty. Speak face-to-face with an experienced, honest Northern New Jersey trial attorney via a secure Zoom meeting. We will analyze your complaint, review the statutory penalties, and outline a clear, aggressive constitutional defense strategy.
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