FOL. ICriminal Defense
N.J.S.A. 2C (Code of Criminal Justice)
Criminal Defense
Indictable matters in Superior Court · disorderly persons in municipal court · expungement under N.J.S.A. 2C:52.
The general purposes of the provisions governing the definition of offenses are: (1) To forbid, prevent, and condemn conduct that unjustifiably and inexcusably inflicts or threatens serious harm to individual or public interests; (2) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, and their confinement when required in the interests of public protection … — N.J.S.A. 2C:1-2(a)(1)–(2).
Statute text reproduced for educational reference. Verify against the official New Jersey Legislature publication before relying on any citation in legal proceedings.
Bergen Vicinage · Hudson Vicinage · Essex Vicinage · Passaic Vicinage
Federal practice — D.N.J. & 3d Cir.
Avery & Avery, Esqs. is a premier Bergen County criminal defense practice built for the full range of New Jersey criminal exposure — from disorderly persons charges in your local municipal court to indictable second-degree crimes at the Bergen, Hudson, or Essex County Justice Center, and on through federal matters in the United States District Court for the District of New Jersey. The firm pairs Robert W. Avery’s fifty years of NJ trial practice and fifteen years on the Ridgefield Municipal Court bench with John S. Avery’s constitutional-rights / search-and-seizure-forward criminal defense practice.
If you have been arrested or charged in Bergen, Hudson, Essex, Passaic, Morris, or Sussex County, the conversation that decides your next twelve months can begin tonight — for free. Call (201) 943-2445.
How New Jersey Grades Criminal Charges
NJ does not use “felony” and “misdemeanor.” It uses degrees for indictable crimes and disorderly persons classifications for non-indictable offenses. The framework is set out in N.J.S.A. 2C:43-6 (sentencing for crimes) and N.J.S.A. 2C:43-8 (sentencing for disorderly persons offenses):
| Class | Maximum Exposure | Where Heard |
|---|---|---|
| First-degree crime | 10-20 years state prison; presumption of imprisonment | Superior Court — Criminal Division |
| Second-degree crime | 5-10 years; presumption of imprisonment | Superior Court — Criminal Division |
| Third-degree crime | 3-5 years; presumption of non-incarceration if no prior record | Superior Court — Criminal Division |
| Fourth-degree crime | Up to 18 months | Superior Court — Criminal Division |
| Disorderly persons offense (DP) | Up to 6 months county jail; up to $1,000 fine | Municipal Court |
| Petty disorderly persons (PDP) | Up to 30 days county jail; up to $500 fine | Municipal Court |
Where a charge is indictable (first-, second-, third-, or fourth-degree), the matter routes to Superior Court in the county of the alleged offense. Where it is a DP or PDP, the matter stays in municipal court in the city of the alleged offense — a court Robert W. Avery presided over for fifteen years.
Charges We Defend
The firm handles the full Title 2C criminal docket. Frequent matter types include:
Assault and Battery — N.J.S.A. 2C:12-1
Simple assault is generally a DP; aggravated assault is a third- or fourth-degree indictable depending on injury, weapon use, or victim status (police officer, EMT, school staff). Read more →
Disorderly Persons Charges — N.J.S.A. 2C:43-8
The petty-DP / DP / indictable line is fact-dependent and the right charge often turns on a plea negotiation that can take a charge from indictable to DP and from DP to PDP. Read more →
Drug Possession — N.J.S.A. 2C:35-10
Schedules I-V of the NJ Controlled Dangerous Substances Act. Possession of a Schedule I/II drug is a third-degree crime; possession of marijuana in personal-use quantities is now decriminalized but ancillary charges (distribution, school zone, possession with intent under N.J.S.A. 2C:35-5) routinely accompany. Read more →
Weapons Offenses — N.J.S.A. 2C:39-4
Unlawful possession of a weapon, the Graves Act mandatory-minimum exposure under N.J.S.A. 2C:43-6(c), and permit-to-carry matters are heavy-stakes second- or third-degree crimes. Read more →
Juvenile Defense
Juvenile delinquency complaints are heard in the Family Part, not the Criminal Division — a different procedural posture, different sentencing options, and different long-term-record consequences. Read more →
White-Collar Defense
Theft, fraud, identity theft, computer crimes, and financial-crime matters in the third- through second-degree band. Often Superior Court with grand-jury exposure. Read more →
Constitutional Defense and Suppression Motions
Modern NJ criminal defense begins with the constitutional question: was the stop lawful? was the search lawful? was the arrest lawful? was the custodial interrogation properly Miranda-warned?
John S. Avery leads the firm’s constitutional-defense work. Routine suppression-motion practice draws on:
- Terry v. Ohio, 392 U.S. 1 (1968) — “reasonable suspicion” as the threshold for the investigative stop
- State v. Locurto, 157 N.J. 463 (1999) — NJ probable-cause framework for traffic stops leading to criminal arrest
- The Fourth Amendment and Article I, Paragraph 7 of the NJ Constitution — search-and-seizure doctrine
- The exclusionary-rule analysis under Mapp v. Ohio and Wong Sun (derivative evidence)
A successful suppression motion can dispose of a case without trial — the State cannot try a charge the evidence has been suppressed out of.
Diversion — PTI and Conditional Discharge
For first-time offenders charged with non-violent, non-DWI offenses, two diversion paths exist in NJ:
Pretrial Intervention (PTI) — N.J.S.A. 2C:43-12. A first-offender indictable diversion administered by the County Prosecutor’s office. Successful completion (typically a year of supervised conditions) ends in dismissal of the indictment. Eligibility analysis — prior record, charge type, victim impact — is one of the most important early-stage conversations in any third- or fourth-degree case.
Conditional Discharge — N.J.S.A. 2C:36A-1. A first-offender diversion specific to drug offenses where the matter is in municipal court (DP-grade drug possession). Typically a six- to twelve-month supervised-conditions term ending in dismissal.
Where We Practice
Avery & Avery handles criminal defense matters in:
- Bergen County — Justice Center (Superior Court Criminal Division)
- Central Municipal Court of Bergen County + every Bergen municipal court. Bergen County criminal defense →
- Hudson County — William J. Brennan Court House (Hudson Superior Court) + every Hudson municipal court
- Essex, Passaic, Morris, and Sussex — Superior Court and municipal court coverage in our 6-county footprint
Schedule a Free Consultation
For a free first consultation, call (201) 943-2445 or submit your matter through the consultation form. After hours, leave a voicemail — we make same-evening callbacks for arrests and time-sensitive matters.
For background on our criminal defense team, see John S. Avery’s attorney bio (the firm’s lead criminal-trial attorney) and Robert W. Avery’s bio (40+ years and former Municipal Court Judge).
For our fee structure on criminal matters, see the fees page directly. Most criminal defense engagements run on flat or hybrid fees.
Frequently asked questions
General educational answers. Every matter has facts that change the analysis — for advice on your situation, call the firm.
What is the difference between an indictable offense and a disorderly persons offense in New Jersey?
Indictable offenses (felonies in most other jurisdictions) are charged in Superior Court — Law Division, Criminal Part — and carry potential state-prison exposure. Disorderly persons offenses are charged in municipal court and carry up to six months in county jail. The forum, discovery rules, and sentencing exposure differ substantially. Robert and John handle both.
Should I talk to police before I have a lawyer?
No. You have the right to remain silent under the Fifth Amendment and Article I, Paragraph 10 of the New Jersey Constitution. Politely tell officers you want to speak with a lawyer before answering any questions, then call us. Anything you say can be used at trial.
How does Pretrial Intervention (PTI) work in New Jersey?
PTI is a diversionary program for first-time offenders charged with indictable offenses (R. 3:28). Successful completion typically results in dismissal. Eligibility is governed by N.J.S.A. 2C:43-12 and the Guidelines for Operation of Pretrial Intervention. We evaluate PTI eligibility at the first consultation.
Can my conviction be expunged?
New Jersey expungement law (N.J.S.A. 2C:52-1 et seq.) was substantially expanded in 2019. The standard waiting periods are now five years for most indictable offenses (N.J.S.A. 2C:52-2) and disorderly persons offenses (N.J.S.A. 2C:52-3), with an early-pathway option as short as four years on a public-interest showing. The "clean slate" provision (N.J.S.A. 2C:52-5.3) reaches all of an applicant's convictions at once — including multiples that would otherwise disqualify a standard expungement — but requires a longer ten-year waiting period from the most recent conviction. We evaluate the appropriate pathway at the first consultation.
Do you handle federal criminal cases?
Yes. The firm appears in the District of New Jersey and the Third Circuit Court of Appeals. Federal practice differs materially from state practice — Federal Rules of Criminal Procedure, the Federal Sentencing Guidelines, and the U.S. Attorney's charging discretion all change the calculus.