A Crime of the Second Degree in New Jersey

What is a Second Degree Crime and What Penalties are You Facing?

Arrested charged second degree crime Morris County NJ

2nd degree crime

A second degree crime or crime of the second degree is a serious offense in New Jersey. On the spectrum of indictable offenses, which are like felonies in other states, a second degree crime is the second-most serious. As a result, the potential punishments for a second degree crime include thousands in fines and a lengthy prison sentence (5-10 years in jail). In addition, if your offense is considered violent, then you will be sentenced under the No Early Release Act (known as “NERA”) and must serve 85% of your prison term before being released on parole. If you have been charged with a second degree crime in New Jersey, it is highly advisable to seek knowledgeable legal counsel as soon as possible. Our Morris County criminal defense attorneys are always available to explain the charges in your case and the options you may have to reach a successful resolution. Simply contact us anytime at (908) 336-5008 or online for a free consultation. You can also read on to learn more about second degree crimes in New Jersey.

Second Degree Crime Penalties: Jail, Fines, Felony Conviction

As mentioned, a second degree crime is just below a first degree crime, which is considered the most egregious. So, the penalties for a second degree crime are enhanced when compared with third degree crimes and fourth degree crimes. Specifically, you may be sentenced to the following if convicted of a second degree crime in New Jersey:

  • An NJ State Prison sentence between 5 and 10 years
  • A maximum fine of $150,000 (except for certain drug charges where the fine increases to up to $300,000)
  • A felony conviction on your criminal record

The No Early Release Act applies to some second degree crimes in New Jersey, such as robbery and sexual assault. NERA, as it is often called, is a sentencing guideline that requires the person convicted to serve 85% of the sentenced imposed before becoming eligible for parole.

Second Degree Criminal Offenses

There are a multitude of criminal offenses that may be graded as second degree crimes in New Jersey. They range from assault and threat crimes to theft offenses including:

Presumption of Incarceration for a Second Degree Offense

Unlike third degree and fourth degree crimes, a second degree crime in New Jersey entails a presumption of incarceration. This means that even if you are charged with a criminal offense for the first time, it is “presumed” that you should go to prison. The prison term for a typical second degree crime in New Jersey is between 5 and 10 years. In other words, even if you are sentenced to the minimum, you are facing serious jail time before parole eligibility.

Second Degree Crime Attorneys in Morris County NJ

In New Jersey, the State prosecutes individuals charged with second degree crimes to the fullest extent of the law. With this in mind, it is imperative to mount the most aggressive and effective defense strategy you can if you are facing second degree charges. Our criminal defense lawyers fight tirelessly on behalf of clients charged with second degree crimes in Morristown, Parsippany, Washington Township, Dover, Boonton, Denville, and throughout New Jersey. Contact us today at (908) 336-5008 or online for a free consultation about your specific situation. We are happy to answer all of your questions.

Client Reviews

  • Excellent Representation

  • Quite Pleased

  • Professional and Responsive

  • Wonderful and Trusted Lawyer in American

  • Restraining Order Dismissed

  • Life saver!

  • Assault charge

  • James

  • Managing Director

  • Travis J. Tormey is a NO NONSENSE type of guy that gets things Done Right with No Delays. Excellent Find.

  • Excellent Attorney, Highly Recommend!

  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Video Library

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.

Visa-Mastercard-Amex-Discover