Fourth-Degree Crimes in New Jersey: Up to 18 Months and How They Are Handled
Reviewed by William A. Proetta, Esq. · Updated October 2026
A fourth-degree crime in New Jersey is an indictable offense punishable by up to 18 months of imprisonment, with no minimum term, and a fine of up to $10,000 (N.J.S.A. 2C:43-6(a)(4) and N.J.S.A. 2C:43-3). It is not the worst grade: it is the least serious of the four crime grades, and first degree is the most serious.
People often call it a “fourth-degree felony.” New Jersey law does not use that word, but in common usage its four crime grades are roughly what other states call felonies. A fourth-degree charge is heard in Superior Court, and for a first offender the law starts from a presumption of no prison. For how all the grades fit together, see the New Jersey degrees of crimes guide.
Is a 4th Degree Crime the Worst? Where It Sits Among the Grades
| Grade | Ordinary prison range | Maximum fine |
|---|---|---|
| First degree | 10 to 20 years | $200,000 |
| Second degree | 5 to 10 years | $150,000 |
| Third degree | 3 to 5 years | $15,000 |
| Fourth degree | Up to 18 months, no minimum | $10,000 |
| Disorderly persons offense (not a crime) | Up to 6 months | $1,000 |
What makes fourth degree a “crime” is the 18-month ceiling. Under N.J.S.A. 2C:1-4(a), any offense for which the law authorizes more than 6 months of imprisonment is a crime. The grade directly above, third-degree crimes, starts at 3 years.
Where fourth degree sits: up to 18 months, no minimum
Maximum terms in months, N.J.S.A. 2C:43-6 and 2C:43-8.
Fourth degree is the least serious crime grade. A Graves Act fourth-degree offense carries an 18-month minimum.
What Is the Sentence for a 4th Degree Crime in NJ?
Prison. The judge may impose any fixed term up to 18 months. There is no floor. Older web pages that describe the range as “12 to 18 months” or “1 to 1½ years” are wrong.
The 9-month figure. The Code once set a “presumptive” term of 9 months for fourth degree. In State v. Natale, 184 N.J. 458 (2005), the Supreme Court eliminated presumptive terms from sentencing, and P.L.2025, c.328 deleted the text in January 2026. Judges weigh the aggravating and mitigating factors in 2C:44-1(a) and (b) and pick a term within the range; 9 months is not the expected sentence. Where domestic violence or other substantial abuse of the defendant contributed to the offense, N.J.S.A. 2C:44-1(i) now caps a fourth-degree sentence at 6 months.
Fines. The standard cap is $10,000. Possession of more than 6 ounces of marijuana carries up to $25,000, and Schedule V possession up to $15,000 (2C:35-10). A court may also fine up to double the offender’s gain or the victim’s loss (2C:43-3(e)).
Probation and county jail. A court can impose probation instead of prison, with up to 364 days in county jail as a condition (2C:45-1(e)). That is a probation condition, not a separate range.
Parole. Without a mandatory minimum, parole eligibility comes after one-third of the term, reduced by credits (N.J.S.A. 30:4-123.51).
Will I Go to Jail for a 4th Degree Crime on a First Offense?
Usually the law presumes not. N.J.S.A. 2C:44-1(e) creates a presumption of non-imprisonment for “a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense.” The judge can impose prison only if it “is necessary for the protection of the public.”
- “Not previously convicted of an offense” means no prior conviction of any kind, including a disorderly persons offense.
- Exceptions. The presumption does not apply when aggravating factor (5), (14) or (15) applies. Factors (14) and (15) concern domestic violence committed in the presence of a child under 16 or involving acts on more than one occasion. It also does not apply to fourth-degree bias intimidation (2C:16-1) or offenses under 2C:33-29 and 2C:33-30.
- Graves Act. A fourth-degree crime covered by the Graves Act, 2C:43-6(c), such as possession of a defaced firearm (N.J.S.A. 2C:39-3(d)), carries a mandatory minimum of 18 months without parole.
The presumption runs the other way for first- and second-degree crimes, which carry a presumption of imprisonment.
Common Fourth-Degree Crimes, and the Grade on Either Side
Many fourth-degree crimes are defined by a line: a dollar amount, a weight, a place or a status. Cross it one way and the charge is third degree; the other way, a disorderly persons offense.
| Offense | Statute | Fourth degree when | One grade lower | One grade higher |
|---|---|---|---|---|
| Theft | 2C:20-2(b)(3) | At least $200, not more than $500 | Under $200: DP | More than $500: 3rd degree |
| Shoplifting | 2C:20-11(c) | Same $200 to $500 range | Under $200: DP | Over $500: 3rd degree |
| Criminal mischief | 2C:17-3(b)(2) | Loss over $500 but under $2,000 | $500 or less: DP | $2,000 or more: 3rd degree |
| Stalking | 2C:12-10(b) | Base offense | — | Court-order violation or repeat against same victim: 3rd degree |
| Aggravated assault | 2C:12-1(b)(4) | Pointing a firearm (extreme indifference) | — | Pointing a firearm at a police officer, (b)(9): 3rd degree |
| Aggravated assault | 2C:12-1(b)(3) | Reckless bodily injury with a deadly weapon | — | Bodily injury with a deadly weapon, (b)(2): 3rd degree |
| Marijuana possession | 2C:35-10(a)(3)(b) | More than 6 oz (or more than 17 g of hashish) | 6 oz or less: not an offense | — |
| Resisting arrest | 2C:29-2(a)(2) | By flight | Base offense: DP | By force or violence: 3rd degree |
| Unlicensed entry | 2C:18-3(a), (c) | Entering a dwelling or school, or peering into a dwelling | Non-dwelling structure: DP | — |
| Harassment | 2C:33-4(e) | While on probation or parole for an indictable offense | Ordinary harassment: petty DP | — |
Two more rules sweep offenses into fourth degree. Possessing other weapons “under circumstances not manifestly appropriate” is fourth degree under 2C:39-5(d). And under 2C:43-1(a), any offense “declared to be a crime, without specification of degree, is of the fourth degree.”
Weight lines for other drugs are covered in our page on drug weights and charge levels. Assault is the clearest example of one offense spanning every grade; see what degree assault is in New Jersey.
The lines that make a charge fourth degree
Cross the line one way and the charge is third degree; the other way, a disorderly persons offense.
N.J.S.A. 2C:20-2, 2C:20-11, 2C:17-3, 2C:35-10, 2C:29-2 and 2C:18-3.
How Is a 4th Degree Charge Handled? Superior Court or Municipal Court
A fourth-degree charge is indictable: it belongs to the county prosecutor and the Superior Court, requires a grand jury indictment (N.J. Const. art. I, ¶ 8) unless you consent to proceed by accusation (R. 3:7-2), and carries a jury trial. It can leave that track three ways:
- Downgrade and remand. The prosecutor may downgrade the charge to a disorderly persons offense and remand it to municipal court, a decision “fully within the State’s discretion” (AOC Directive #13-23, 2023). Pretrial monitoring then drops to release on own recognizance, except with a domestic-violence-related charge.
- No-bill. When a grand jury refuses to indict, any non-indictable charges go back to municipal court (AOC Directive #10-82).
- Pretrial Intervention. PTI under N.J.S.A. 2C:43-12 is available once, “at any time prior to trial,” with the prosecutor’s consent and the program director’s recommendation.
Timing rarely blocks a downgrade. A crime generally must be indicted within five years and a disorderly persons offense charged within one year (N.J.S.A. 2C:1-6(b)), but the same statute lets a fourth-degree charge be reduced at any time, so long as its own prosecution was begun within its five-year limit (2C:1-6(d)).
If the charge was filed on a complaint-warrant, the pretrial release and detention rules apply. How a downgrade changes rights and record is covered in indictable crimes vs. disorderly persons offenses.
What Does a 4th Degree Conviction Do to Your Record?
- Expungement. 5 years from the latest of conviction, payment of fines, completion of probation or parole, or release; 4 years with “compelling circumstances” (2C:52-2). See expungement waiting periods.
- Firearms. Even at the lowest crime grade, the conviction bars a firearms permit and Firearms Purchaser ID card (2C:58-3(c)(1)).
- Jury service. An indictable conviction disqualifies a juror under N.J.S.A. 2B:20-1. Executive Order No. 411 (January 2026) restored eligibility only for New Jersey convictions entered on or before January 10, 2026, once the sentence other than fines is complete.
- Voting. Lost only while incarcerated for an indictable offense, not on probation or parole (N.J.S.A. 19:4-1(8)).
- Public jobs. Forfeiture under 2C:51-2 is automatic for third degree and above; a fourth-degree conviction triggers it only if it involves dishonesty or touches the office.
- Immigration. For non-citizens, review the immigration consequences before any plea.
A downgrade to a disorderly persons offense avoids most of these, which is why it is often the goal; see disorderly persons offenses.
Fourth-Degree Crime FAQs
Is a 4th degree crime a felony in NJ?
New Jersey law does not use the word felony. In common usage, fourth-degree and higher crimes are compared to felonies, because they are indictable and carry more than 6 months.
What is the minimum sentence for a 4th degree crime in New Jersey?
There is no statutory minimum. The range is anything up to 18 months, and a first offender is presumed not to receive prison.
Can a 4th degree charge be dropped to a disorderly persons offense?
Yes, if the prosecutor agrees. A downgrade and remand to municipal court is within the State’s discretion.
How long does the State have to file a 4th degree charge?
Generally five years from the offense to obtain an indictment under 2C:1-6(b)(1), and the clock does not run while a person is fleeing from justice.
Can I get PTI for a 4th degree crime?
Yes, with the prosecutor’s consent and the program director’s recommendation. A guilty plea is not required unless the charge involves domestic violence or you have a prior first- or second-degree conviction (2C:43-12(g)(3)), and a prior diversion makes you ineligible.
Talk to Us About a Fourth-Degree Charge
The difference between fourth degree and a disorderly persons offense is often one dollar amount, one fact about the place, or one decision by the prosecutor. Call William Proetta Criminal Law at (201) 793-8018 for a free, confidential case review, or contact us.