If you are facing a criminal charge in New Jersey, you need to know what kind of sentence you might be given if convicted to evaluate your defense strategies. Sentencing for criminal convictions in New Jersey depends on multiple factors, including the offense’s seriousness and applicable sentencing ranges, whether statutorily mandated extended terms or minimum terms apply, and the balance of aggravating and mitigating factors.
Degrees of Crimes and Disorderly Persons Offenses
New Jersey criminal law classifies criminal offenses as either indictable crimes (known as felonies in other states) or disorderly persons offenses (known as misdemeanors in other states). Indictable crimes are more serious offenses and can result in incarceration. Disorderly persons offenses include less serious crimes that typically impose short jail terms or fines alone.
Examples of crimes for each grade of offense in New Jersey include:
- First-degree crimes: Murder, armed robbery, aggravated sexual assault, and kidnapping
- Second-degree crimes: Aggravated assault, burglary, and possession of firearms by prohibited persons
- Third-degree crimes: Simple drug possession, terroristic threats, and credit card fraud
- Fourth-degree crimes: Contempt of restraining orders, stalking, and lewdness
- Disorderly persons offenses: Simple assault, harassment, and possession of drug paraphernalia
- Petty disorderly persons offenses: Trespassing, disorderly conduct, and mutual fighting
Typical Sentencing Ranges
New Jersey law sets sentencing ranges that courts may impose for most serious crimes and disorderly persons offenses. Standard NJ sentencing ranges by degree include:
- First-degree crime: Ten to 20 years in prison; a fine of up to $200,000
- Second-degree crime: Five to ten years in prison; a fine of up to $150,000
- Third-degree crime: Three to five years in prison; a fine of up to $15,000
- Fourth-degree crime: Up to 18 months in prison; a fine of up to $10,000
- Disorderly persons offense: Up to six months in jail; a fine of up to $1,000
- Petty disorderly persons offense: Up to 30 days in jail; a fine of up to $500
Structured sentencing applies to criminal cases involving indictable offenses (first-, second-, third- and fourth-degree crimes) prosecuted under The New Jersey Code of Criminal Justice. The law presumes incarceration for first- and second-degree crimes. New Jersey courts have discretion to impose probation rather than incarceration for third- and fourth-degree crimes and disorderly persons offenses, especially for first-time offenders and nonviolent offenses.
Aggravating and Mitigating Factors in New Jersey Sentencing
During sentencing, courts will consider applicable aggravating and mitigating factors in a defendant’s case. Aggravating factors refer to circumstances that increase the severity of a crime or reflect an offender’s depravity or inability to reform after prior criminal punishment.
Mitigating factors refer to circumstances in a case or aspects of a defendant’s personal history that weigh in favor of a less harsh sentence. In the New Jersey criminal justice system, N.J.S.A. § 2C:44-1 lists the aggravating and mitigating factors that courts should consider when sentencing a convicted defendant. Aggravating factors include:
- The nature and circumstances of the offense
- The seriousness of the harm inflicted on the victim
- The risk that the defendant will commit a future offense
- Whether a lesser sentence will undermine the seriousness of the offense
- The defendant’s prior criminal record
- Whether the defendant committed the crime for compensation
- Whether the defendant committed the offense against a protected official or vulnerable person
- The need to deter the defendant from future crimes
Mitigating factors under the statute include:
- Consideration that the defendant’s conduct neither caused nor threatened serious harm
- Consideration that the defendant acted under a strong provocation
- The existence of substantial evidence tending to excuse or justify the defendant’s conduct
- That the defendant has compensated or will compensate the victim
- That the defendant has no prior criminal history or has led a law-abiding life for a long time before the offense
- That the defendant’s conduct resulted from circumstances unlikely to recur
- Consideration that the defendant’s character and attitude indicate they likely will not commit another offense
- The defendant’s willingness to cooperate with the authorities
- The defendant’s youth
Extended Terms and Mandatory Minimum Sentences
Certain offenses or circumstances can result in extended prison terms or mandatory minimum sentences. For example, a Graves Act mandatory minimum in NJ can require a person convicted of certain firearms offenses to serve a longer portion of their sentence before being eligible for parole. New Jersey’s No Early Release Act also requires offenders convicted of violent first- and second-degree crimes to serve at least 85 percent of their sentence. These mandatory minimums can also restrict plea-bargaining options unless defendants obtain waivers from the prosecution and court.
Prosecutors can request extended prison terms for defendants who are classified as career offenders. An extended term increases the mandatory maximum sentence normally allowed under the law, with the applicable increase based on statutory classifications.
Why Work With a New Jersey Sentencing Attorney?
An NJ plea bargaining and sentencing attorney from the Law Office of Jason A. Volet can help you fight for a more favorable sentence after getting charged or convicted of a crime in New Jersey. Our local experience in New Jersey courts has helped us build strong professional relationships with prosecutors and judges, enabling us to advocate more effectively for clients’ interests during plea bargaining and sentencing hearings.
Attorney Jason Volet has over 30 years of experience handling more than 4,000 New Jersey criminal cases as both a prosecutor and defense lawyer. He has earned certification as a Criminal Trial Attorney from the New Jersey Supreme Court. His experience on both sides of the courtroom means he understands how prosecutors view various crimes and approach crime sentencing in New Jersey.
Our firm has a proven record of securing favorable sentences for clients. Some of our notable results include:
- Getting a DWI charge reduced to reckless driving in a plea agreement for a client who would face immigration consequences from a DWI.
- Securing dismissal of credit card theft and forgery charges after our investigation revealed the alleged victim authorized our client to open a credit card in the victim’s name
- Obtaining admission to pre-trial intervention and eventual dismissal of prescription drug and drug possession charges
While past results don’t guarantee outcomes in your case, our record shows we’re committed to fighting for the best possible result for our clients.
Contact a New Jersey Criminal Defense Lawyer
Need help fighting criminal charges in New Jersey? Contact the Law Office of Jason A. Volet today for a free consultation with a knowledgeable criminal defense lawyer. An experienced criminal attorney can review the criminal charges you are facing and discuss your legal options.
