Toms River 4th Degree Crime Attorney

A fourth-degree crime is technically the "least serious" indictable offense in New Jersey. That label is misleading - and dangerously so. In every other state, this would be called what it is: a felony. You face up to 18 months in state prison and $10,000 in fines. Yes, there's a "presumption of non-incarceration" for first offenders - but that just means you might avoid prison. It doesn't mean you avoid the permanent felony-equivalent record. Background checks in New Jersey have no 7-year limit. That fourth-degree conviction from when you were 22 will appear on every employment, housing, and professional license application you fill out at 42. The "least serious" framing makes people underestimate consequences. That's how felony records happen to good people.

Welcome to Spodek Law Group. Our goal is to give you real information about how fourth-degree crime charges actually work in Toms River and Ocean County - the kind of information that other law firm websites won't tell you because it makes the system sound harsh. Todd Spodek has defended clients against fourth-degree charges across New Jersey, and the single most important thing we've learned is this: the "least serious" label is a trap. People hear it and think their case doesn't matter that much. They plead guilty to "just get it over with." Then they spend the next twenty years explaining that felony-equivalent conviction to employers.

Here's what you need to understand about Ocean County specifically. Fourth-degree charges in Ocean County are heard in Superior Court in Toms River - not municipal court. This is the same courthouse where murder trials happen. You face a prosecutor from the Ocean County Prosecutor's Office, not a municipal prosecutor handling traffic tickets. The stakes are higher, the process is more formal, and the consequences are permanent. Understanding what you're actually facing is the first step to fighting it effectively.

What "Fourth Degree" Actually Means Under New Jersey Law

Heres the terminology that confuses everyone. New Jersey dosent use the words "felony" and "misdemeanor" like other states. Instead, New Jersey has "indictable offenses" and "disorderly persons offenses." Indictable offenses are the felony-equivalents. Disorderly persons offenses are the misdemeanor-equivalents. And heres the critical point: all four degrees of crime - first, second, third, and fourth - are indictable offenses. All four are felony-equivalents. The word "fourth" suggests something minor. Its not.

OK so lets break down the actual penalties for a fourth-degree crime. Under N.J.S.A. 2C:43-6, fourth-degree crimes carry a maximum sentence of 18 months in state prison - thats state prison, not county jail. Fines can reach $10,000. You can also face probation, community service, and mandatory restitution depending on the offense. The "presumptive sentence" for fourth-degree crimes is 9 months in state prison. Thats the starting point for sentencing discussions - not the maximum, the presumption.

Heres were the terminology really matters. When you apply for a job, the application asks wheather youve been convicted of a "felony or indictable offense." A fourth-degree crime is an indictable offense. You check "yes." The employer sees that and moves on to the next candidate. They dont care that it was "only" fourth degree. They dont care about the circumstances. They see "indictable offense" and decide your to risky. The "least serious" label means nothing to them.

And heres what makes this worse. New Jersey is not one of the eleven states with a seven-year lookback limit on background checks. In states with that rule, third-party background check companies cant report convictions older than seven years. New Jersey has no such protection. That fourth-degree conviction from twenty years ago? It still shows up. Every time. Forever. The "least serious" indictable offense creates a permanant barrier to employment, housing, and professional opportunities.

All four degrees of crime in New Jersey are felony-equivalents. Fourth degree is the floor, not a free pass.

The Presumption Trap - Why "No Jail" Doesn't Mean "No Problem"

Heres what most people focus on when there charged with a fourth-degree crime: will I go to jail? And the answer - for first offenders - is often "probably not." New Jersey law includes a "presumption of non-incarceration" under N.J.S.A. 2C:44-1(e). This means judges should not sentence first-time fourth-degree offenders to prison unless aggravating factors exist that warrant incarceration to protect the public. Most first offenders get probation.

But heres the trap. Avoiding prison dosent mean avoiding a permanant felony-equivalent record. The presumption of non-incarceration addresses only ONE consequence - prison time. It says nothing about the record. So you plead guilty thinking "at least I wont go to jail." You get probation. You think your free. Then you apply for a job, a professional license, a security clearance, an apartment - and that felony-equivalent conviction appears on every background check. The prison you avoided was never the real threat. The record was.

Lets talk about what the record actualy does. Employment applications ask about criminal convictions. Felony-equivalent convictions trigger automatic disqualification in many industries. Healthcare, education, finance, government, security - all of these fields scrutinize criminal records heavily. A fourth-degree conviction dosent automaticaly bar you from employment, but it creates an obstacle youll face repeatedly. And unlike prison time, which ends, the record obstacle never goes away.

Heres a scenario we see constantly. A college student gets charged with fourth-degree theft - shoplifting merchandise worth between $200 and $500. There attorney says "take the plea, youll get probation, no jail time." The student takes the plea. Four years later, they graduate and start applying for professional jobs. Background check reveals the conviction. Employers ask about it. Some move on without asking. That "least serious" conviction from college follows them through every job application for the next decade - or longer.

Professional licenses are another trap. If your planning to become a nurse, teacher, accountant, pharmacist, or any licensed professional, the licensing board will ask about criminal history. A fourth-degree conviction is a conviction. You have to disclose it. You have to explain it. And the board makes there own decision about wheather it reflects on your fitness to practice. Some boards care deeply about crimes involving dishonesty - theft, fraud, forgery. A "minor" fourth-degree forgery charge can derail an entire career path.

And heres the part that catches people off guard. Public employees face special rules. If your charged with a fourth-degree crime that relates to your job - or that allegedly occured while you were working - you can face indefinite suspension pending the outcome. If your convicted, many public sector positions require mandatory termination. Teachers, government workers, law enforcement - a fourth-degree conviction can end careers that took decades to build. The "least serious" indictable offense carries career-ending conseqences in the public sector.

Housing applications are another area were fourth-degree convictions create problems. Landlords routinly run background checks on prospective tenants. A felony-equivalent conviction - even one classified as "least serious" - can result in denied applications. Landlords arnt required to accept your explanation. They arnt required to consider the circumstances. They can simply move on to the next applicant. Finding quality housing becomes significently harder with a fourth-degree conviction on your record.

Military service is affected as well. Military branches conduct thorough background investigations. A fourth-degree conviction may not automaticaly disqualify you from service, but it creates complications. Waivers may be required. Certian positions requiring security clearances may become unavailable. What seems like a minor criminal matter can limit your military career options before it even begins.

And immigration consequences can be catastrophic. For non-citizens, a fourth-degree conviction may constitute a "crime involving moral turpitude" under federal immigration law - depending on the specific offense. This can trigger deportation proceedings, affect visa renewals, and block green card applications. The criminal case ends, but the immigration conseqences may just be starting. Non-citizens should always consult with an immigration attorney before pleading guilty to any indictable offense.

Common Fourth-Degree Charges in Ocean County

Lets talk about what actualy gets charged as a fourth-degree crime. These arnt exotic offenses. These are charges that ordinary people face in ordinary circumstances. Understanding the common charges helps you understand why so many people end up with permanant felony-equivalent records for situations they never expected to result in serious consequences.

Theft between $200 and $500 is a fourth-degree crime. This includes shoplifting. Someone takes merchandise valued in that range and they face an indictable offense - the same classification as murder and robbery, just a differant degree. Retail theft, employee theft, taking property that dosent belong to you - all potentialy fourth-degree charges depending on the value. And retailers prosecute aggressivly. Loss prevention departments exist specifically to catch shoplifters and press charges.

Stalking (first offense) is a fourth-degree crime. This includes following someone, making repeated unwanted contact, or engaging in conduct that would cause a reasonable person to fear for there safety. What starts as attempts to reconcile after a relationship ends can be characterized as stalking if the other person feels threatened. Former partners, former friends, former coworkers - allegations of stalking arise in situations were one person dosent realize there behavior has crossed a line.

Certain drug possession charges fall under the fourth degree. Possession of small amounts of certian controlled dangerous substances - not marijuana, but harder drugs - can result in fourth-degree charges. Prescription fraud, obtaining controlled substances by fraud or forgery, and related offenses are often fourth degree. A single bad decision involving prescription medication can result in a permanant felony-equivalent record.

Forgery is a fourth-degree crime. Creating false documents, altering documents, or possessing forged instruments can all result in fourth-degree charges. This includes forging signatures, creating fake IDs, and altering checks. What seems like a one-time shortcut can result in indictable charges that follow you for decades.

Criminal mischief involving property damage between $500 and $2,000 is fourth degree. Vandalism, property destruction, and related offenses in that value range are all potentialy fourth-degree charges. A moment of anger resulting in property damage can create a permanant criminal record.

Resisting arrest can be charged as fourth degree depending on the circumstances. Using physical force or threats against police officers during an arrest elevates what might otherwise be a lesser charge. Someone whose already having a bad interaction with police can make it dramaticaly worse through there response.

Harassment when elevated to the fourth degree based on prior convictions or specific circumstances is another common charge. What starts as an argument, unwanted communications, or following behavior can escalate to indictable charges depending on the history between the parties and the nature of the conduct.

Terroristic threats - making threats to commit violence with the purpose of terrorizing another person - can be charged as fourth degree depending on the circumstances. An angry statement made in the heat of an argument can result in indictable charges if the recipient reasonably fears violence. Context matters, but prosecutors often charge aggressivly.

At Spodek Law Group, weve defended clients against all of these charges in Ocean County. The common thread is this: people dont realize how serious "fourth degree" actualy is until there facing the consequences. By then, the arrest has already happened, the indictment has been issued, and the fight to preserve there future has begun.

PTI - Your Best Chance to Avoid a Permanent Record

Heres the good news. New Jersey has a program specificaly designed to help first-time offenders avoid permanant criminal records. Its called Pre-Trial Intervention - PTI. If your accepted and successfully complete the program, your charges are dismissed. No conviction. No permanant record. No felony-equivalent following you for decades. PTI is often the differance between a mistake that derails your life and a mistake you actualy recover from.

Lets talk about how PTI works. PTI is a diversionary program administered by the criminal division of Superior Court. You apply for admission within 28 days of indictment. Theres a $75 application fee. A probation officer interviews you and prepares a report. The prosecutor reviews your application and can consent to or object to your admission. If admitted, your placed under court supervision for one to three years. You complete whatever requirements the program imposes - community service, counseling, drug testing, restitution. If you complete everything succesfully, the charges are dismissed and eventualy expunged.

PTI is a one-time opportunity. If youve ever used any diversionary program before - PTI, conditional discharge, conditional dismissal - your not eligible. This is your single chance at avoiding a permanant record. Dont waste it on a lesser charge if a more serious charge is potentialy coming. And dont assume youll get it - admission isnt automatic.

Heres what gets people denied. Fourth-degree crimes involving domestic violence face a presumption against PTI admission. Drug distribution charges, even small amounts, often face resistance. Weapons offenses, violent crimes, and sexually-based offenses may be excluded entirely. Previous criminal history - even without convictions - can affect your application. And critically, the prosecutor has significant influence. If the prosecutor objects to your admission, the burden shifts to you to prove that rejection is "a patent and gross abuse of discretion." Thats a high bar.

If PTI is denied, your options narrow. You can negotiate a plea agreement, or you can go to trial. A plea agreement means accepting a conviction - the permanant record you were trying to avoid. Trial means uncertainty - you might win, but you might also face worse consequences if convicted after trial. This is why PTI matters so much. Its not just about avoiding prison. Its about avoiding the record entirely.

Even without PTI, there are strategies. Some fourth-degree charges can be downgraded to disorderly persons offenses, which are heard in municipal court and carry lesser consequences. A disorderly persons offense is still a conviction, but its not a felony-equivalent. The background check implications are less severe. Downgrading isnt always possible - it depends on the charge and the circumstances - but when available, it can significently reduce long-term conseqences.

Expungement is available for fourth-degree convictions after a waiting period. Currently, you must wait five years after completing probation or being released from prison before applying for expungement. The process requires filing a petition, paying fees, and convincing the court that expungement is appropriate. Its not automatic. And while waiting, you carry the conviction on your record. Expungement is a fallback option, not a solution. PTI remains the gold standard for avoiding long-term consequences.

Trial is always an option. If the evidence against you is weak, if there are constitutional issues with how evidence was obtained, if witnesses are unreliable - these are all reasons to fight rather than plead. Prosecutors sometimes overcharge. Police sometimes make mistakes. An experienced defense attorney can identify weaknesses and exploit them. Not every case should plead guilty. Not every case should accept the first offer.

What to Do If You're Facing Fourth-Degree Charges

Time matters in fourth-degree cases. The 28-day deadline for PTI applications starts running from your indictment. Evidence degrades. Witnesses forget. The sooner you have an attorney working on your case, the better your options. Waiting to "see what happens" is not a strategy - its how good options disappear and bad outcomes become inevitable.

The first step is understanding exactly what your charged with and what the maximum conseqences are. Not all fourth-degree crimes are treated the same way. Some carry presumptions against PTI. Some have mandatory minimum sentences in specific circumstances. Some involve victim restitution that must be paid regardless of other outcomes. Understanding your specific situation is essential to making good decisions.

The second step is exploring all available options. PTI should be at the top of the list if your eligible. Downgrade possibilities should be assessed. The strength of the evidence should be evaluated. Constitutional challenges should be identified. Only after a thorough review can you make informed decisions about how to proceed.

The third step is making decisions based on long-term conseqences, not short-term convenience. A quick guilty plea might seem like the easiest path today. Twenty years from now, when that felony-equivalent is still appearing on background checks, it wont seem so easy. Every decision in your case should be made with the permanent record in mind.

Todd Spodek and the attorneys at Spodek Law Group have helped clients navigate the PTI process in Ocean County. We understand what prosecutors look for when reviewing applications. We know how to present your case to maximize your chances of admission. We also know that PTI isnt always available - and when its not, we fight aggressivly for the best possible outcome.

If your facing a fourth-degree charge in Toms River or anywhere in Ocean County, call Spodek Law Group at 212-300-5196. The consultation is free. The cost of pleading guilty without exploring every option is a permanant felony-equivalent record that follows you for life. Dont let the "least serious" label fool you. The conseqences are serious. The record is permanent. Get an attorney who understands what your actualy facing. Call us now.