New Jersey sorts serious criminal offenses into four degrees, and the degree controls both the prison range and the fine. First-degree crimes carry 10 to 20 years in prison and fines up to $200,000. Second-degree: 5 to 10 years and up to $150,000. Third-degree: 3 to 5 years and up to $15,000. Fourth-degree: up to 18 months and up to $10,000. Understanding the differences between 1st, 2nd, 3rd, and 4th degree crimes in NJ also means understanding one thing the numbers alone don’t show: the degree decides whether a judge starts with a presumption you’ll go to prison or a presumption you’ll stay out, and that shift often matters more than the range itself.
How the Degree System Works
Under New Jersey law, any offense that carries more than six months of potential imprisonment counts as a “crime” and falls into one of the four degrees.1Justia. New Jersey Revised Statutes Section 2C:1-4 – Classes of Offenses Anything less serious lands in one of two lower categories handled in municipal court, covered further down. For indictable crimes, the degree drives the prison range, the maximum fine, and the sentencing presumption the judge starts from.
First-Degree Crimes
First-degree is the top of the hierarchy. The standard prison range is 10 to 20 years, and fines can reach $200,000.2Justia. New Jersey Revised Statutes Section 2C:43-6 – Sentence of Imprisonment for Crime3FindLaw. New Jersey Statutes Section 2C:43-3 – Fines and Restitutions Common charges at this level include kidnapping, aggravated sexual assault, armed robbery, and carjacking.
Murder is a first-degree crime with its own sentencing rules. A murder conviction carries a mandatory 30-year prison term before you become eligible for parole, and the sentence can extend to life imprisonment.4Justia. New Jersey Revised Statutes Section 2C:11-3 – Murder Aggravated manslaughter stays in the first-degree category but follows the standard 10-to-20-year range.
First-degree convictions carry a strong presumption of incarceration. A judge is expected to send you to state prison unless your circumstances are so unusual that imprisonment would amount to a “serious injustice” outweighing the public interest in deterrence.5Justia. New Jersey Revised Statutes Section 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment Overcoming that presumption at this level is extremely rare.
Second-Degree Crimes
Second-degree crimes carry a prison range of 5 to 10 years and fines up to $150,000.2Justia. New Jersey Revised Statutes Section 2C:43-6 – Sentence of Imprisonment for Crime3FindLaw. New Jersey Statutes Section 2C:43-3 – Fines and Restitutions Typical charges include robbery, aggravated assault causing serious injury, burglary, certain drug distribution offenses, and theft of property worth more than $75,000.
The same presumption of incarceration that applies to first-degree crimes applies here.5Justia. New Jersey Revised Statutes Section 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment The bar for a non-custodial sentence is high. A defendant typically needs to show a combination of factors: no prior record, strong community ties, a demonstrated path toward rehabilitation, and an offense on the less serious end of the second-degree spectrum. Many judges remain reluctant to deviate even then.
Third-Degree Crimes
Third-degree crimes carry 3 to 5 years in prison and fines up to $15,000.2Justia. New Jersey Revised Statutes Section 2C:43-6 – Sentence of Imprisonment for Crime3FindLaw. New Jersey Statutes Section 2C:43-3 – Fines and Restitutions Examples include theft of property valued between $500 and $75,000, possession of certain controlled substances, and aggravated assault that doesn’t cause serious bodily injury.
This is where the sentencing picture shifts. If you have no prior criminal record, the court starts with a presumption of non-incarceration.5Justia. New Jersey Revised Statutes Section 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment The judge is inclined toward probation rather than prison. The prosecution can push back by arguing that aggravating factors substantially outweigh mitigating ones, but for a genuinely first-time offender, probation is the more common outcome.
Third-degree charges are also where diversion becomes a realistic option. New Jersey’s Pretrial Intervention (PTI) program lets first-time offenders complete a period of supervision instead of standard prosecution. Finish successfully, and the charges are dismissed without a conviction.6NJ Courts. Supervision for Pretrial Intervention Clients Acceptance isn’t automatic. Prosecutors and program directors weigh the nature of the offense, your background, the likelihood of rehabilitation, and the victim’s position.7Justia. New Jersey Revised Statutes Section 2C:43-12 – Supervisory Treatment – Pretrial Intervention
Fourth-Degree Crimes
Fourth-degree crimes are the lowest rung of indictable offenses. The maximum prison term is 18 months, and fines can reach $10,000.2Justia. New Jersey Revised Statutes Section 2C:43-6 – Sentence of Imprisonment for Crime3FindLaw. New Jersey Statutes Section 2C:43-3 – Fines and Restitutions Typical charges include stalking, unauthorized use of a vehicle, certain forms of aggravated assault, and shoplifting property valued between $200 and $500.
The presumption of non-incarceration for first-time offenders applies here as well, making probation or PTI the likely outcome without a record.5Justia. New Jersey Revised Statutes Section 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment Still, a fourth-degree conviction is a criminal conviction. It functions like a felony in most practical contexts outside New Jersey, which matters for employment, housing, and the other consequences covered below.
Offenses Below the Degree System
Not every charge is an indictable crime. Less serious offenses fall into two categories that function like misdemeanors in other states and don’t count as “crimes” under New Jersey’s constitution.1Justia. New Jersey Revised Statutes Section 2C:1-4 – Classes of Offenses
- A disorderly persons offense carries up to six months in county jail and a fine of up to $1,000. Simple assault and shoplifting items worth less than $200 are common examples.
- A petty disorderly persons offense carries up to 30 days in jail and a fine of up to $500. Harassment is the most common charge at this level.
These cases go to municipal court without a grand jury indictment. “Not a crime” under state law doesn’t mean invisible, though. A disorderly persons conviction still shows up on background checks and stays in both FBI and State Police databases unless you petition for expungement.
Mandatory Minimums That Override the Ranges
The standard ranges above are just the starting point. Several statutes can force a judge to impose a longer sentence or delay parole eligibility regardless of the degree.
No Early Release Act
NERA applies to a specific list of violent first- and second-degree crimes, including murder, aggravated manslaughter, kidnapping, aggravated sexual assault, robbery, and carjacking. On a NERA offense, you must serve 85% of your sentence before parole eligibility.8NJ Courts. Supplemental Plea Form for No Early Release Act Cases On a 10-year sentence, that’s at least 8.5 years behind bars before parole is even on the table. NERA also imposes a mandatory period of parole supervision after release.
The Graves Act
If a qualifying crime involves a firearm, the Graves Act imposes its own mandatory minimum. For first-, second-, and third-degree offenses, the minimum parole ineligibility period is 42 months (3.5 years) or half the sentence, whichever is greater. For a fourth-degree crime, the minimum is 18 months.9NJ Courts. Manual on New Jersey Sentencing Law Repeat firearms offenders face stiffer extended-term sentences. The practical result: any crime involving a gun in New Jersey almost always brings a meaningful prison term, even when the underlying offense would otherwise qualify for probation.
Extended Terms for Repeat Offenders
A defendant classified as a “persistent offender” or who meets other statutory criteria can be sentenced to an extended term that exceeds the normal range for the crime’s degree.10Justia. New Jersey Revised Statutes Section 2C:44-3 – Criteria for Sentence of Extended Term The prosecution must file a motion requesting it. A prior record won’t upgrade the degree of your current charge, but it can significantly extend the time you serve on it.
What Pushes an Offense Into a Higher Degree
The classification isn’t arbitrary. A few factors recur across the criminal code:
- Intent. Acting on purpose or with knowledge is graded higher than acting recklessly.
- Severity of harm. Crimes causing death, permanent disfigurement, or serious bodily injury land in the top degrees.
- Property value. For theft and property crimes, dollar thresholds set the degree: above $75,000 is second-degree, $500 to $75,000 is third-degree, $200 to $500 is fourth-degree.
- Use of a weapon. Committing a crime with a firearm or other deadly weapon almost always bumps the offense up a degree and can trigger the Graves Act.
- Victim status. Offenses against children, elderly victims, or public employees such as police officers are graded more severely than the same conduct against other adults.
Consequences That Outlast the Sentence
The prison term and fine are only the beginning. A conviction for any indictable crime carries lasting effects.
Firearms
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition.11Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Every indictable degree in New Jersey exposes you to more than a year, so even a fourth-degree conviction triggers the federal ban. Violating it is a separate federal felony.
International Travel
A criminal record can make you inadmissible to other countries. Canada treats even relatively minor convictions as grounds for denial of entry. You may need to apply for rehabilitation or obtain a temporary resident permit before crossing the border, and rehabilitation applications require at least five years to have passed since you completed your full sentence, including probation.12Government of Canada. Overcome Criminal Convictions
Employment and Licensing
Most employers run background checks, and an indictable conviction will appear. Certain licensed professions in healthcare, law, education, and finance may be off-limits entirely. Federal student aid eligibility is not affected by drug convictions, and incarcerated students have regained limited access to Pell Grants.13Federal Student Aid. Eligibility for Students With Criminal Convictions
Expungement
New Jersey allows expungement of indictable convictions with limits. Under the standard path, you must wait at least five years after completing your sentence, including probation and fines, before petitioning the court. You can expunge no more than one indictable conviction plus up to three disorderly persons or petty disorderly persons offenses. The Clean Slate law offers a broader alternative. If at least 10 years have passed since your last conviction and you’ve paid all fines and completed all supervision, you may qualify for expungement of multiple convictions through a single petition.14NJ Courts. Expunging Your Court Record Murder, sexual assault, and other serious violent crimes are not eligible for expungement no matter how much time has passed. A successful expungement removes the conviction from public records and lets you legally deny the arrest and prosecution in most situations, including on job applications.