New Jersey criminal offenses and penalties are organized under Title 2C into five tiers: first-, second-, third-, and fourth-degree indictable crimes, disorderly persons offenses, and petty disorderly persons offenses. The tier decides which court hears the case, whether a grand jury is involved, and how much prison time and money are on the table. Penalties run from a $500 fine and 30 days in county jail at the low end to 20 years in state prison and a $200,000 fine at the high end, with murder carrying its own structure and a 30-year minimum before parole.
The Four Degrees of Indictable Crimes
Indictable crimes are New Jersey’s most serious offenses. They are prosecuted in Superior Court after a grand jury indictment, and each degree has its own prison range.
- First degree. 10 to 20 years in state prison. Aggravated sexual assault and armed robbery are common examples. Murder sits inside the first-degree tier but is sentenced separately, with a minimum of 30 years before parole eligibility.1Justia. New Jersey Revised Statutes Section 2C:11-3 – Murder
- Second degree. 5 to 10 years. Robbery and aggravated assault fall here.2NJ Courts. Manual on NJ Sentencing Law
- Third degree. 3 to 5 years. Burglary without injury or threat is a typical third-degree charge.2NJ Courts. Manual on NJ Sentencing Law
- Fourth degree. Up to 18 months. Lower-level drug possession and certain property crimes sit at this level.2NJ Courts. Manual on NJ Sentencing Law
New Jersey does not use the words “felony” and “misdemeanor” in its code, but indictable crimes are the state’s felony-level offenses.
Disorderly and Petty Disorderly Persons Offenses
Everything below fourth degree is handled in Municipal Court, without a grand jury. A conviction still creates a criminal record.
A disorderly persons offense carries up to six months in county jail and a fine of up to $1,000.3Justia. New Jersey Revised Statutes Section 2C:43-3 – Fines and Restitutions Simple assault, shoplifting items worth less than $200, and possession of drug paraphernalia are typical examples.4Justia. New Jersey Revised Statutes Section 2C:20-11 – Shoplifting Courts can also add community service, probation, or mandatory counseling.
A petty disorderly persons offense is the lowest criminal tier and covers conduct like disorderly conduct and harassment.5Justia. New Jersey Revised Statutes Section 2C:33-2 – Disorderly Conduct The maximum is 30 days in county jail and a $500 fine.3Justia. New Jersey Revised Statutes Section 2C:43-3 – Fines and Restitutions Even at this level a conviction shows up on a criminal record, so diversionary programs that avoid a permanent mark are worth pursuing when they are available.
How Judges Choose a Sentence
Judges in New Jersey do not have open-ended discretion. The code fixes ranges by degree and requires the court to weigh statutory aggravating and mitigating factors before landing on a number inside that range.6Justia. New Jersey Revised Statutes Section 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment
Presumption of Prison, Presumption Against It
For first- and second-degree crimes, prison is presumed. A judge can only step outside that presumption on a finding that incarceration would be a “serious injustice” outweighing the need to deter others, which is a hard bar to clear.6Justia. New Jersey Revised Statutes Section 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment
The presumption flips for third- and fourth-degree offenses when the defendant has no prior record. In that situation the code presumes against incarceration, and probation or another non-custodial sentence is the likely outcome.
Maximum Fines by Degree
- First degree: up to $200,000
- Second degree: up to $150,000
- Third degree: up to $15,000
- Fourth degree: up to $10,000
- Disorderly persons: up to $1,000
- Petty disorderly persons: up to $500
Courts can add restitution to compensate victims for their losses.3Justia. New Jersey Revised Statutes Section 2C:43-3 – Fines and Restitutions Drug convictions also carry mandatory Drug Enforcement and Demand Reduction penalties on top of any other fine.
Extended Terms
Certain defendants can be sentenced above the ordinary range. Extended-term sentencing is available for repeat offenders, people convicted of particularly serious crimes, and those found to be professional criminals.7Justia. New Jersey Revised Statutes Section 2C:44-3 – Criteria for Sentence of Extended Term of Imprisonment The prosecutor must file a motion, and the court measures the request against statutory criteria before granting it.
Mandatory Minimums That Override the Range
Two statutes take much of the flexibility out of sentencing for violent and firearm offenses.
The Graves Act
The Graves Act attaches mandatory minimum prison time to convictions for certain crimes committed with a firearm. For most qualifying offenses, a defendant must serve between one-third and one-half of the sentence, or 42 months, whichever is greater, before becoming parole-eligible. Fourth-degree firearm crimes carry a reduced mandatory minimum of 18 months. When a machine gun or assault firearm is involved, the minimums climb: 10 years for a first- or second-degree crime, 5 years for a third-degree crime, and 18 months for a fourth-degree crime.8Justia. New Jersey Revised Statutes Section 2C:43-6 – Sentence of Imprisonment for Crime
The No Early Release Act
The No Early Release Act (NERA) requires that at least 85% of the sentence be served before parole eligibility.9Justia. New Jersey Revised Statutes Section 2C:43-7.2 – Mandatory Service of 85 Percent of Sentence for Certain Offenses The list of NERA offenses is long and includes murder, aggravated manslaughter, kidnapping, aggravated sexual assault, robbery, carjacking, burglary, aggravated arson, terrorism, and firearms trafficking.2NJ Courts. Manual on NJ Sentencing Law A 10-year NERA sentence means at least 8.5 years actually served, compared with a non-NERA sentence where parole eligibility might arrive after roughly a third of the term.
Probation and Parole
A court can suspend a prison sentence and place a defendant on probation for one to five years.10Justia. New Jersey Revised Statutes Section 2C:45-2 – Period of Suspension or Probation Probation is most common for first-time offenders convicted of third- or fourth-degree crimes, where the presumption already leans away from prison. Conditions usually include regular check-ins with a probation officer, maintaining employment, completing treatment programs, and staying out of further trouble.11Justia. New Jersey Revised Statutes Section 2C:45-1 – Conditions of Suspension or Probation Violating those conditions can lead to revocation and imposition of the original prison sentence.
Parole is the mirror image: it lets someone finish a prison sentence in the community under supervision. The State Parole Board weighs behavior during incarceration, rehabilitation progress, and a risk assessment. Parolees have to report to a parole officer, may be told to stay away from certain people or places, and must generally keep working. A violation can send the person back to serve the balance of the original sentence.
Consequences That Outlast the Sentence
The prison time and fine are only part of what a conviction costs. Several consequences continue long after a case is closed.
Firearms
Any indictable conviction in New Jersey triggers a state-level ban on possessing firearms. Federal law adds a separate ban on anyone convicted of a crime punishable by more than one year in prison.12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because every degree of New Jersey indictable crime carries a possible sentence over one year (fourth degree tops out at 18 months), the federal prohibition is triggered by essentially any indictable conviction.
Employment and Voting
New Jersey’s “Ban the Box” law bars employers from asking about criminal history on the initial job application, though the question can come up later in hiring.13Justia. New Jersey Revised Statutes Section 34:6B-14 – Prohibited Actions by Employer During Initial Employment Application Process Professional licenses in fields like healthcare, finance, and law can be denied or revoked based on certain convictions.
Voting rights are less restricted than many people assume. Under a 2020 change, only people currently incarcerated for an indictable offense lose the right to vote. Anyone on probation or parole can register and vote, and voting rights are restored automatically on release from incarceration, with no application or fee required.14Justia. New Jersey Revised Statutes Section 19:4-1
Immigration
For a non-citizen, a New Jersey conviction can carry consequences that dwarf the sentence itself. Federal immigration law treats “crimes involving moral turpitude” as a basis to block naturalization and start removal proceedings, with a narrow petty-offense exception when the maximum possible sentence is one year or less and the sentence actually imposed was six months or less.15USCIS. Chapter 5 – Conditional Bars for Acts in Statutory Period “Aggravated felonies” under federal immigration law sweep in offenses New Jersey does not treat as particularly severe, including theft or burglary with a sentence of at least one year, fraud with losses over $10,000, and drug trafficking offenses.16Legal Information Institute. Definition: Aggravated Felony From 8 USC 1101(a)(43) An aggravated felony conviction leaves almost no relief from removal. Any non-citizen should get advice from an immigration attorney before accepting a plea.
Housing, Benefits, and Aid
Convictions can also limit public housing eligibility, disqualify applicants from certain federal student financial aid, and cut off some government benefits.
Clearing a New Jersey Criminal Record
Expungement seals criminal records from public access, so most employers and landlords cannot see them.17Justia. New Jersey Revised Statutes Section 2C:52-1 – Definitions of Expungement The rules have gotten more generous in recent years.
Standard Waiting Periods
For indictable and disorderly persons offenses, the standard wait is five years after finishing the sentence, including any probation or parole. Municipal ordinance violations can be expunged after two years. Early filing after four years is possible in some circumstances. All fines, fees, and restitution must be paid before filing.18NJ Courts. Expunging Your Court Record
Clean Slate Automatic Expungement
New Jersey’s Clean Slate law provides for automatic expungement without a petition. To qualify, at least 10 years must have passed since the last conviction, and 10 years since all fines, fees, probation, and parole were completed.18NJ Courts. Expunging Your Court Record The clearing happens through an automated system, so eligible people can have records cleared without going to court.
Convictions That Can Never Be Expunged
Some offenses are permanently excluded. Murder, manslaughter, kidnapping, sexual assault, and treason cannot be expunged.19Justia. New Jersey Revised Statutes Section 2C:52-2 – Indictable Offenses The full list is longer, so check that a specific conviction qualifies before starting the process.
How the Filing Works
A standard expungement means filing a petition in Superior Court, notifying the county prosecutor and any arresting agency, and attending a hearing if anyone objects. A granted order removes records from public databases and law enforcement files, though a limited set of agencies retain access for purposes like future sentencing decisions.