After a defendant pleads guilty or is convicted of a criminal offense in New Jersey, the judge must consider various factors to determine a punishment. Potential criminal sentences in New Jersey range from a fine, probation, or community service to life in prison.
New Jersey criminal sentencing guidelines provide a framework for imposing penalties on convicted defendants. In some cases, the judge has wide discretion for sentencing offenders. In others, the judge is limited by a required punishment specified by law.
Because of the leeway available to the judge in most cases, it is crucial for a defendant to be represented by a defense attorney who fully understands New Jersey law and criminal process, including the NJ sentencing guidelines. It is also important for a defendant to understand the potential sentences they face ahead of trial or when considering a plea bargain — a guilty plea in exchange for a lighter sentence.
The New Jersey criminal defense attorneys at the Law Offices of Jonathan F. Marshall are former prosecutors and public defenders who have argued both sides of criminal cases in courts across New Jersey. Our legal team is well suited to help you pursue the most favorable outcome available from criminal charges because we have the following:
- Resources – We have selectively built one of the largest and most seasoned criminal defense law firms serving New Jersey, with over a dozen highly skilled lawyers, a large legal staff, and extensive resources to support our legal team and clients. We are ready to dedicate the time, energy, and detailed planning to your case that other firms can’t.
- Experience – Our attorneys bring knowledge and skills gained through over 200 years of combined legal experience to your case. We have earned our reputation for crafting strategic criminal defense solutions that keep clients out of court – and for presenting strong and persuasive cases to judges and juries when a trial and sentencing cannot be avoided.
- Relationships – Our years of experience across New Jersey have allowed us to develop the professional relationships needed to negotiate with prosecutors to obtain reduced charges, lighter sentences, and other agreements that benefit our clients.
If you face criminal charges in New Jersey, we urge you to contact the experienced criminal defense lawyers at the Law Offices of Jonathan F. Marshall as soon as possible. Our team has helped many clients avoid the worst possible sentencing, such as this satisfied client:
“My son was arrested on serious drug charges. I did my research and decided to retain Jonathan after much time and effort. As it turned out, I could not have made a sounder decision. … We are happy to say that our son has avoided jail and many of the severe penalties that seemed almost inevitable.”
– from our client Fred
We are available 24 hours a day and offer free initial legal consultations. Call today or contact us online to protect your rights.
How Do NJ Criminal Sentencing Guidelines Work?
Criminal sentencing in New Jersey is not as straightforward as one might expect. After a conviction, the judge will weigh the circumstances of the crime, the defendant’s criminal record, and their overall life situation to determine an appropriate sentence within what’s allowable under the law.
Depending on the offense and NJ sentencing factors, the court may impose the following as a sentence:
- A fine or restitution
- Imprisonment
- Probation
- Community service
- Release to a halfway house or other residential facility, such as an alcohol or drug rehabilitation program
- Imprisonment at night or on the weekends, along with participation in a training or educational program
- Revocation or suspension of a license, such as a driver’s license or a professional license
- Forfeiture of property
- Removal from public office
- Any other civil penalty
- A suspended sentence
If a defendant is younger than 26 years old at the time of sentencing, the court may impose a term in a youth correctional facility – unless the defendant has been convicted of a statutory offense with a required sentence.
When considering a sentence, a judge is expected to consider the severity of the offense, as well as circumstances of the crime that make it more or less serious. New Jersey’s sentencing guidelines recognize six levels of offenses and potential sentences:
- First-degree offense— 10 to 20 years in prison and up to a $200,000 fine
- Second-degree offense— 5 to 10 years in prison and up to a $150,000 fine
- Third-degree offense — 3 to 5 years in prison and up to a $15,000 fine
- Fourth-degree offense — Up to 18 months in prison and a $10,000 fine
- Disorderly persons offense – Up to 6 months in jail and a $1,000 fine
- Petty disorderly persons offense – Up to 30 days in jail and a $500 fine
Aggravating Circumstances in NJ Criminal Sentencing
Aggravating factors make a criminal offense worse and can lead to a harsher sentence. State law (N.J.S.A. 2C:44-1(a)) requires the court to consider the following aggravating circumstances when determining the appropriate sentence after a conviction:
- The nature and circumstances of the offense
- The defendant’s role in the offense
- The level of harm to the victim
- The defendant’s risk of reoffending
- The defendant’s prior criminal record
- The need to deter the defendant and others from committing crimes
- Whether the defendant knew or reasonably should have known that the victim was vulnerable because of their age, health, or any other reason
- Whether the defendant committed the offense in a particularly heinous, cruel, or depraved way
- Whether the defendant violated public trust
- Whether the defendant was involved in organized crime
- Whether the defendant committed the offense for payment
- Whether the defendant committed the offense against a law enforcement officer or certain other officials
- Whether the offense involved fraud against the state
- Whether the defendant would consider only a fine as a “cost of doing business”
- Whether the defendant used a stolen vehicle during the crime
- Whether the offense involved an act of domestic violence in the presence of a child under 16 years old
- Whether the offense involved an act of domestic violence and the defendant has committed an act of domestic violence more than once
Mitigating Circumstances in NJ Criminal Sentencing
On the other hand, mitigating factors make the criminal act less severe and may lead to a lighter sentence. New Jersey law (N.J.S.A. 2C:44-1(b)) says that the court may consider the following mitigating circumstances when determining the appropriate sentence for a conviction:
- The defendant didn’t cause or threaten serious harm.
- The defendant didn’t think they would cause or threaten serious harm.
- The defendant doesn’t have a criminal history.
- The defendant isn’t likely to reoffend.
- The defendant is likely to respond well to probation.
- The defendant was seriously provoked.
- There are substantial grounds to justify the defendant’s behavior.
- The victim either encouraged or facilitated the crime.
- The defendant will compensate the victim or do community service.
- The defendant’s actions were caused by circumstances not likely to happen again.
- The defendant’s dependents would be severely affected by their imprisonment.
- The defendant cooperated with law enforcement.
- A young offender was seriously influenced by a more mature person.
- The defendant was under 26 at the time of the offense.
Presumption of Incarceration in New Jersey
Prison is mandatory for first- and second-degree offenses. For third-degree offenses, a required prison sentence can often be avoided unless:
- The defendant is involved in organized criminal activity.
- The offense involved an act of domestic violence in the presence of a child under 16 years old.
- The offense involved an act of domestic violence and the defendant has committed an act of domestic violence more than once.
- The offense is auto theft, unlawful taking of an auto, eluding, strict liability vehicular homicide, using a false government document, knowingly leaving the scene of an accident resulting in serious bodily injury, and certain other crimes.
An exception is allowed if the judge believes imprisonment would be a serious injustice.
Extended Terms of Incarceration in New Jersey
New Jersey law (N.J.S.A. 2C:44-3) also says the court may set an extended prison term if the prosecutor requests it and one of the following situations apply:
- The defendant has been convicted of a first-, second-, or third-degree crime and:
- The defendant is a persistent offender.
- The defendant is a professional criminal.
- The defendant committed the crime for payment or monetary value.
- The defendant used or was in possession of a stolen vehicle while committing certain crimes.
- The defendant has previously been convicted of a crime involving a firearm.
- The defendant has been convicted of sexual assault or criminal sexual contact involving violence or threats and the victim was 16 or younger.
Contact Our New Jersey Criminal Defense Attorneys for Help
The Law Offices of Jonathan F. Marshall represents defendants across the state of New Jersey who are facing a variety of criminal charges. As your attorneys, our initial objective will be to have charges dismissed or reduced, if possible. If there has been wrongdoing, we may be able to use evidence in your favor to negotiate a plea bargain for reduced charges and sentencing if that is in your best interest. If it is necessary to go to trial, we will be prepared to closely question the prosecution’s case and vigorously defend you.
The sooner we can get involved in your case, the better we can ensure the courts uphold your rights as we fight for the best available outcome for you. For a free initial consultation with an experienced criminal defense attorney who can help you, call us or complete our online form.
