New Jersey Misdemeanors – Class A
In the state of New Jersey, misdemeanors are classified into classes. Misdemeanors are criminal offenses that carry a maximum sentence of twelve months in prison for a single offense. This rule can be changed by Class A misdemeanors. A conviction for criminal possession of a weapon in the fourth degree will almost always result in a jail sentence of more than a year if a guilty plea is entered in response to an indictment. According to New Jersey Law 265.02, the individual can be charged with a Class D Violent Felony of criminal possession of a weapon in the third degree. In these cases, the court will consider the individual’s character as well as previous criminal histories, previous crimes, and the nature of the current crime. This conviction will be installed if a previous crime was committed within five years of the current crime and the individual will be a hindrance to public safety.
Misdemeanors – Class B
A Class B misdemeanor is punishable by a definite sentence of no more than three months in a county jail for a single offense. If more than one Class B Misdemeanor offense is committed, the sentence for each offense can be increased. If an individual has a history of prior offenses, a Class B Misdemeanor may be upgraded to a Class A Misdemeanor, with more severe penalties.
Misdemeanors Not Classified
In contrast to other states, New Jersey has a category known as Unclassified Misdemeanors. These misdemeanors are also punishable by imprisonment, but there is no set time limit. Each Unclassified Misdemeanor will be sentenced to a different amount of time in prison, as determined by the court. The court will consider the circumstances of the crime as well as the individual in question. If the offender has prior convictions, a jail sentence of six months or more is possible, depending on the crime and its severity.
Violation in New Jersey
Violations are not classified as misdemeanors and have no pre-determined jail sentences. A jail sentence for a violation, however, will not exceed fifteen days. When specified by ordinance or law, the court may refuse to impose a jail sentence for a violation.
Expungement in New Jersey
The legal erasure of previous criminal history records is known as expungement. This allows people to claim in court and on paper that they were never arrested for a crime. Deserving individuals can now obtain employment, professional licenses, educational grants, and credit without the impediment of a prior arrest record. In New Jersey, certain crimes can be expunged if certain conditions are met first. Those who have been arrested but have had all convictions overturned are unquestionably eligible for record expungement.
Many crimes are expungable under certain conditions. In many cases, this includes felonies and misdemeanors; however, certain conditions must be met first, as well as time constraints. The state of New Jersey has established time limits for how long individuals must wait before applying for expungement.