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Second Degree Crime
Charged With a Second Degree Offense In Middlesex County?
Although a presumption against incarceration exists if someone has no record and is charged with a third degree crime, the converse is the case for a second degree crime. What this means is that if you are arrested and convicted of a second degree, there is a very high probability that you shall be going to prison. As a result, it is crucial that you retain an attorney that knows the law and how to attack a serious criminal case so that you can avoid a conviction and/or jail. As you can see, our firm possesses a large team of lawyers skilled in defense work, including former prosecutors in and out of Middlesex County, who are ready to assist you. We offer representation for those charged with a second degree crime throughout the county including those arrested in Woodbridge, South River, Sayreville, Piscataway and New Brunswick. There is no reason to hesitate in taking advantage of the opportunity to speak to a member of our staff as consults with any attorney here are always without charge. To this end, contact our New Brunswick Office at 732-246-7126 to speak to a skilled second degree crime defense lawyer.
Crimes Falling Within the Second Degree Grade
There are a slew of criminal offenses that fall within the second degree grade that someone can face in New Brunswick at the Superior Court. The following are some of the more common second degree charges:
- Eluding where the conduct created a risk of serious injury to another
- Distributing at least .5 ounces but less than five ounces of heroin or cocaine
- Certain Person not to possess a weapon
- Assault by Auto within a School Zone
- Distribution of Prescription Drugs in an amount of 100 or more dosage units
- Distribution of CDS in a Public Park
- Aggravated Assault involving serious bodily injury
Jail Term for Second Degree Crimes
As previously stated, there is a presumption under NJ law that an individual go to prison if they are convicted of this level of offense. The jail term is to be set at between five (5) and ten (10) years. These terms may, however, increase if an individual is subject to an extended term. In addition, certain crimes involve mandatory periods of parole ineligibility that require that a minimum period be served before an individual may be paroled.
Fine for a Second Degree Offense
The standard maximum is $150,000. The limit is increased for certain offenses, for example, it is $300,000 for distribution of prescription drugs.
Pretrial Intervention. Second degree charges are not eligible for Pretrial Intervention (“PTI”). An individual may, however, be admitted into the program on this level of offense where the prosecutor consents.
No Early Release Act. There are certain violent crimes that trigger the No Early Release Act. When it applies, an individual must serve eighty-five (85) percent of their jail term before they are eligible for parole.
Don’t Risk Your Freedom — Speak to an Experienced Criminal Lawyer
Second degree indictments tend to be complex and to involve significant risk. Indeed, if your criminal lawyer is unable to successfully defend the offense you will likely be sent to prison. When you are dealing with something with so much potential jeopardy, sound legal guidance is key. The lawyers at The Law Offices of Jonathan F. Marshall can provide experienced counsel to any second degree crime you are up against in East Brunswick, South Plainfield, Old Bridge, Monroe or Edison. To educate yourself on what we can do for you, call our East Brunswick Office at 732-227-1200.