New Jersey
New Jersey Crime Degrees vs Felonies: Sentences and Fines (2026)
Independently fact-checked against primary sources (last audited October 17, 2026). · 18 primary sources cited on this page. How we verify our legal content
New Jersey's offense-classification statute, N.J.S. 2C:1-4, does not sort offenses into felonies and misdemeanors. An offense for which more than 6 months of imprisonment is authorized is a "crime," graded first, second, third or fourth degree, while disorderly persons offenses and petty disorderly persons offenses "are petty offenses and are not crimes" (N.J.S. 2C:1-4(a)-(b)). The ordinary prison ranges run from 10 to 20 years for a first-degree crime down to a maximum of 18 months for a fourth-degree crime (N.J.S. 2C:43-6(a)), with up to 6 months for a disorderly persons offense and up to 30 days for a petty disorderly persons offense (N.J.S. 2C:43-8).
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers how the New Jersey Code of Criminal Justice (Title 2C) classifies offenses and the degree-based sentencing, fine and probation sections (N.J.S. 2C:1-4, 2C:43-1 to 2C:43-8, 2C:44-1, 2C:44-3 and 2C:45-2 to 2C:45-4). It does not cover how individual offenses are graded (see the New Jersey theft laws and New Jersey assault laws pages), time limits for prosecution, record clearing, motor vehicle violations, municipal ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.
Does New Jersey have felonies and misdemeanors?
Not in its classification statute. The code's classification section, N.J.S. 2C:1-4, sorts offenses into crimes of four degrees, disorderly persons offenses and petty disorderly persons offenses. Subsection a.(1) sets the line for a crime:
"An offense defined by this code or by any other statute of this State, for which a sentence of imprisonment in excess of 6 months is authorized, constitutes a crime within the meaning of the Constitution of this State. Crimes are designated in this code as being of the first, second, third or fourth degree."
Subsection b.(1) describes the lower tier:
"Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes within the meaning of the Constitution of this State. There shall be no right to indictment by a grand jury nor any right to trial by jury on such offenses. Conviction of such offenses shall not give rise to any disability or legal disadvantage based on conviction of a crime."
How New Jersey translates other states' felonies and misdemeanors
The code gives its own translation when it has to treat an offense from another jurisdiction. Under N.J.S. 2C:1-4(a)(2) and (b)(2):
| Offense from another jurisdiction, by authorized imprisonment | Treated in New Jersey as | Statute |
|---|---|---|
| More than one year | A crime | N.J.S. 2C:1-4(a)(2) |
| More than 30 days but one year or less | A disorderly persons offense | N.J.S. 2C:1-4(b)(2)(a) |
| 30 days or less | A petty disorderly persons offense | N.J.S. 2C:1-4(b)(2)(b) |
Old "misdemeanor" labels in statutes outside the code
Some New Jersey statutes outside Title 2C still use the older words. N.J.S. 2C:1-4(c) provides that where such a provision declares an offense a misdemeanor and "specifically provides a maximum penalty of 6 months' imprisonment or less," it "shall constitute a disorderly persons offense." Under N.J.S. 2C:1-4(d), subject to N.J.S. 2C:43-1, a reference outside the code to "high misdemeanor" means "crimes of the first, second, or third degree," and "misdemeanor" means "all crimes." For sentencing, N.J.S. 2C:43-1(b) treats an outside-code crime designated a high misdemeanor as a crime of the third degree, and one designated a misdemeanor as a crime of the fourth degree, except as provided in 2C:1-4c. and 2C:1-5b.
N.J.S. 2C:43-1(a) also fills the gap for an offense with no stated degree: "An offense, declared to be a crime, without specification of degree, is of the fourth degree."
New Jersey crime degrees, sentences and fines
The table gives the statutory ranges and ceilings for each grade. They are outer limits; N.J.S. 2C:43-6(a) opens "Except as otherwise provided," and other sections set mandatory and extended terms. These are the ranges for the degree itself; N.J.S. 2C:44-3, 2C:43-7 and 2C:43-7.1 set higher ranges for some repeat convictions, described below.
| Grade | Crime or petty offense | Prison or jail term (ordinary; extended where quoted; exceptions below the table) | General maximum fine (exceptions below the table) | Statutes |
|---|---|---|---|---|
| First-degree crime | Crime | 10 to 20 years; extended term 20 years to life (except murder and the cases in 2C:43-7(a)(1)); murder: 30 years to life, with 30 years before parole eligibility | Up to $200,000 | 2C:43-6(a)(1); 2C:43-7(a)(2); 2C:11-3(b)(1); 2C:43-3(a)(1) |
| Second-degree crime | Crime | 5 to 10 years; extended term 10 to 20 years | Up to $150,000 | 2C:43-6(a)(2); 2C:43-7(a)(3); 2C:43-3(a)(2) |
| Third-degree crime | Crime | 3 to 5 years; extended term 5 to 10 years | Up to $15,000 | 2C:43-6(a)(3); 2C:43-7(a)(4); 2C:43-3(b)(1) |
| Fourth-degree crime | Crime | Up to 18 months; extended term 3 to 5 years where a statute requires one (5 years under 2C:43-6c, 2C:43-6g and 2C:44-3d) | Up to $10,000 | 2C:43-6(a)(4); 2C:43-7(a)(5); 2C:43-3(b)(2) |
| Disorderly persons offense | Petty offense, not a crime | Up to 6 months | Up to $1,000 | 2C:43-8; 2C:43-3(c) |
| Petty disorderly persons offense | Petty offense, not a crime | Up to 30 days | Up to $500 | 2C:43-8; 2C:43-3(d) |
Prison terms for crimes come from N.J.S. 2C:43-6 (ordinary terms) and 2C:43-7 (extended terms); terms for the two petty offense grades come from N.J.S. 2C:43-8, which allows "a definite term which shall be fixed by the court and shall not exceed 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense." The fine ceilings come from N.J.S. 2C:43-3, which also allows "any higher amount equal to double the pecuniary gain to the offender or loss to the victim" (N.J.S. 2C:43-3(e)). These are the general ceilings. N.J.S. 2C:43-3 also allows any higher amount another statute authorizes (2C:43-3(f)), double the amounts for a second or later tax, theft or fraud conviction (2C:43-3(g)), and for drug offenses three times the street value of the substance (2C:43-3(h)). Drug-distribution statutes set their own higher fines, such as up to $500,000 for certain first-degree distribution crimes (N.J.S. 2C:35-5).
Murder has its own range: 30 years without parole, or a term between 30 years and life with 30 years served before parole eligibility, with life without parole in listed cases (N.J.S. 2C:11-3(b)). The ranges in the table can also drop when the court finds the domestic-violence mitigating factor described under Recent changes (N.J.S. 2C:44-1(i)).
How a New Jersey sentence is set
Within the degree range, the court weighs the aggravating and mitigating factors listed in N.J.S. 2C:44-1, and several statutory rules shape the result.
Presumption of imprisonment for first- and second-degree crimes
N.J.S. 2C:44-1(d)(1) directs the court to sentence a person convicted of a first- or second-degree crime, or a third-degree crime where aggravating factor (5), (14) or (15) applies, "by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that the defendant's imprisonment would be a serious injustice which overrides the need to deter such conduct by others." The paragraph adds a presumption of imprisonment for a repeat motor vehicle theft or unlawful taking conviction, and ends: "This paragraph shall not apply to a person for whom the court finds that the mitigating factor in paragraph (15) of subsection b. of this section applies."
Presumption against imprisonment for a first offense below the second degree
N.J.S. 2C:44-1(e) points the other way for a narrower group. The court "shall deal with a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense, without imposing a sentence of imprisonment unless, having regard to the nature and circumstances of the offense and the history, character, and condition of the defendant, it is of the opinion that imprisonment is necessary for the protection of the public under the criteria set forth in subsection a. of this section." The subsection then lists exceptions, so it does not reach every first offense.
Parole ineligibility
Under N.J.S. 2C:43-6(b), where the court "is clearly convinced that the aggravating factors substantially outweigh the mitigating factors," or finds that aggravating factor (5) applies, it "may fix a minimum term not to exceed one-half of the term" set under subsection a., during which the person "shall not be eligible for parole."
That minimum term is discretionary, but others are mandatory. Under the No Early Release Act, a prison sentence for a first- or second-degree crime listed in N.J.S. 2C:43-7.2(d), including murder, aggravated manslaughter or manslaughter, aggravated assault, kidnapping, aggravated sexual assault, robbery, carjacking and burglary, must include parole ineligibility of 85% of the term and, after release, 5 years (first degree) or 3 years (second degree) of parole supervision (N.J.S. 2C:43-7.2(a), (c)). Firearm, machine-gun or assault-firearm and repeat drug-distribution convictions carry other mandatory minimum terms (N.J.S. 2C:43-6(c), (f), (g)).
Persistent offenders and extended terms
N.J.S. 2C:44-3(a) makes a persistent offender convicted of a first-, second- or third-degree crime a candidate for an extended term. A persistent offender is "a person who at the time of the commission of the crime is 21 years of age or over, who has been previously convicted on at least two separate occasions of two crimes, committed at different times, when he was at least 18 years of age, if the latest in time of these crimes or the date of the defendant's last release from confinement, whichever is later, is within 10 years of the date of the crime for which the defendant is being sentenced." The extended ranges are in the table above (N.J.S. 2C:43-7(a)), and the court may add parole ineligibility of up to one-half of an extended term (N.J.S. 2C:43-7(b)). Section 2C:44-3 lists other extended-term grounds, and for a second firearm offender under subsection d. the extended term is mandatory where 2C:43-6(c) or (g) applies.
Some repeat convictions require more. A person convicted of murder, aggravated manslaughter, first-degree kidnapping, listed aggravated sexual assaults, robbery or carjacking who has two or more prior convictions for those crimes on separate occasions "shall be sentenced to a term of life imprisonment by the court, with no eligibility for parole," and listed repeat violent offenders must receive an extended term, subject to a 10-year look-back and a hearing (N.J.S. 2C:43-7.1(a)-(d)).
Can a New Jersey sentence drop a degree?
Because the code grades by degree rather than by felony and misdemeanor, the closest mechanism is a one-degree-lower sentence. N.J.S. 2C:44-1(d)(2) lets a court sentence a first- or second-degree conviction at the next degree down:
"In cases of convictions for crimes of the first or second degree where the court is clearly convinced that the mitigating factors substantially outweigh the aggravating factors and where the interest of justice demands, the court may sentence the defendant to a term appropriate to a crime of one degree lower than that of the crime for which the defendant was convicted."
All of the conditions are in the text: a first- or second-degree conviction, a court "clearly convinced" that mitigating factors substantially outweigh aggravating ones, and the interest of justice. The text speaks of the term: the sentence becomes one "appropriate to a crime of one degree lower than that of the crime for which the defendant was convicted." Such a sentence, and any noncustodial or probationary sentence for a first- or second-degree crime, does not become final for 10 days so that the prosecution can appeal it (N.J.S. 2C:44-1(d)(2)).
Is a disorderly persons offense a crime in New Jersey?
No. N.J.S. 2C:1-4(b)(1) calls disorderly persons offenses and petty disorderly persons offenses "petty offenses" that "are not crimes within the meaning of the Constitution of this State," with no right to grand jury indictment or jury trial, and provides that a conviction "shall not give rise to any disability or legal disadvantage based on conviction of a crime." An offense falls into one of these grades when "it is so designated in this code or in a statute other than this code."
The maximums are up to 6 months and up to $1,000 for a disorderly persons offense, and up to 30 days and up to $500 for a petty disorderly persons offense (N.J.S. 2C:43-8, 2C:43-3(c)-(d)).
How long is probation in New Jersey?
N.J.S. 2C:45-2(a) sets one range for every grade: "The period of probation shall be fixed by the court at not less than 1 year nor more than 5 years." When the court instead suspends imposition of sentence, the suspension period may not exceed "the maximum term which could have been imposed or more than 5 years whichever is lesser." The court may discharge the person at any time on application of a probation officer or the defendant, or on its own motion.
Probation is not available for every offense: a court sentencing a defendant convicted of an offense listed in subsection a. of C.2C:43-6.4 "may not sentence the defendant to be placed on probation" (N.J.S. 2C:43-2(g)).
A probation sentence can include jail. Except as subsection g. provides, N.J.S. 2C:43-2(b)(2) allows imprisonment as a condition of probation for a term "not exceeding 364 days" for a person convicted of a crime, or "not exceeding 90 days" for a person convicted of a disorderly persons offense.
What happens after a probation violation in New Jersey?
N.J.S. 2C:45-3(a)(4) allows revocation when the court is "satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or if he has been convicted of another offense." The same paragraph bars revocation based on "failure to pay a fine or make restitution, unless the failure was willful," among other listed grounds.
Before revoking, the court must hold "a hearing upon written notice to the defendant of the grounds on which such action is proposed," and the person has "the right to hear and controvert the evidence against him, to offer evidence in his defense, and to be represented by counsel" (N.J.S. 2C:45-4). If probation is revoked, the court "may impose on the defendant any sentence that might have been imposed originally for the offense of which he was convicted" (N.J.S. 2C:45-3(b)).
Starting a revocation proceeding pauses the probation clock until the proceeding ends, unless no violation is found (N.J.S. 2C:45-3(c)). If certain court-ordered conditions are unmet when the term ends, the court may, or for some conditions must, extend probation "for an additional period not to exceed that authorized by subsection a." (N.J.S. 2C:45-2(c)).
Recent changes
The Legislature amended the sentencing-criteria section, N.J.S. 2C:44-1, twice in 2026. P.L.2025, c.328 was approved on January 20, 2026; its section 1 took effect immediately, and its "sections 2 through 4 of this act shall take effect on the first day of the third month next following the date of enactment." P.L.2026, c.30, approved July 2, 2026, took effect immediately and "shall be retroactive to the effective date of section 1 of P.L.2025, c.328." P.L.2025, c.328 added a mitigating factor for a defendant whose status as a victim of domestic violence, or other substantial physical, sexual or psychological abuse, contributed to the conviction; it is not available for murder or for a crime requiring sex-offender registration (N.J.S. 2C:44-1(b)(15)). When the court finds that factor, the presumption of imprisonment does not apply, and the court may sentence below the ordinary ranges: 5 to 10 years for a first-degree crime, 3 to 5 years for second degree, up to 18 months for third degree, up to 6 months for fourth degree, and probation or conditional discharge for a non-indictable offense (N.J.S. 2C:44-1(d)(1), (i)). Sections 2 through 4 of the act created a resentencing petition for eligible people convicted before it took effect (C.2C:44-1.2). The act also deleted subsection f. of 2C:44-1, and P.L.2026, c.30 restored its one-degree-lower sentencing provision as 2C:44-1(d)(2), retroactively.
Related legal issues in New Jersey
The degree of a particular offense comes from the offense statute. The New Jersey theft laws page explains how theft is graded into these degrees, and the New Jersey assault laws page covers simple and aggravated assault. For clearing an old record, see New Jersey expungement laws. For time limits on charges, see the New Jersey statute of limitations.
Federal firearm rule
Federal gun law does not use New Jersey's labels: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20) excludes certain business-regulation offenses and "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.
Related
- Felony and misdemeanor classes by state
- New Jersey theft laws
- New Jersey assault and battery laws
- New Jersey expungement laws
This article provides general legal information about New Jersey offense grades and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in New Jersey.
Last updated: 2026-10-17.
Frequently Asked Questions
Does New Jersey have felonies?
Its classification statute, N.J.S. 2C:1-4, does not use that label: New Jersey grades serious offenses as crimes of the first, second, third or fourth degree; an offense is a crime when imprisonment of more than 6 months is authorized (N.J.S. 2C:1-4(a)(1)).
What is a fourth-degree crime in New Jersey?
It is the lowest grade of crime, with an ordinary prison term of up to 18 months (N.J.S. 2C:43-6(a)(4)), an extended term of 3 to 5 years where a statute requires one (N.J.S. 2C:43-7(a)(5)), and a general fine ceiling of $10,000 or double the gain or loss, with higher amounts where another statute allows them (N.J.S. 2C:43-3). An offense declared a crime without a stated degree is fourth degree (N.J.S. 2C:43-1(a)).
What is the sentence for a third-degree crime in New Jersey?
The ordinary term is 3 to 5 years, except as otherwise provided, and the extended term is 5 to 10 years (N.J.S. 2C:43-6(a)(3), 2C:43-7(a)(4)); firearm and some repeat offenses carry mandatory minimum terms (N.J.S. 2C:43-6(c), (f), (g)), and a court may impose up to 18 months when the domestic-violence mitigating factor applies (N.J.S. 2C:44-1(i)). The general fine ceiling is $15,000 or double the gain or loss, with higher amounts where another statute allows them (N.J.S. 2C:43-3).
Is a disorderly persons offense a crime in New Jersey?
No. Disorderly persons and petty disorderly persons offenses are petty offenses and not crimes, with no grand jury indictment or jury trial (N.J.S. 2C:1-4(b)(1)). A disorderly persons offense carries up to 6 months and $1,000; a petty disorderly persons offense up to 30 days and $500 (N.J.S. 2C:43-8, 2C:43-3).
How long is probation in New Jersey?
The court fixes probation at not less than 1 year nor more than 5 years (N.J.S. 2C:45-2(a)), and may require up to 364 days in jail as a condition for a crime or up to 90 days for a disorderly persons offense (N.J.S. 2C:43-2(b)(2)). Probation is not available for the offenses listed in C.2C:43-6.4(a) (N.J.S. 2C:43-2(g)).
What happens if you violate probation in New Jersey?
After a hearing on written notice with the right to counsel, the court may revoke probation for an inexcusable failure to meet a substantial condition or a new conviction, and then impose any sentence that might have been imposed originally; starting a revocation proceeding pauses the probation period unless no violation is found (N.J.S. 2C:45-3, 2C:45-4).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 2C:1-4Classes of offensesIn force
2C:1-4. Classes of Offenses. a. (1) An offense defined by this code or by any other statute of this State, for which a sentence of imprisonment in excess of 6 months is authorized, constitutes a crime within the meaning of the Constitution of this State. Crimes are designated in this code as being of the first, second, third or fourth degree. (2) An offense defined by the laws of any other jurisdiction, for which a sentence of imprisonment in excess of one year is authorized, shall be considered in this State to be a crime when a reference is made by this code, or by any other statute of this State, to such offense. b. (1) An offense is a disorderly persons offense if it is so designated in this code or in a statute other than this code. An offense is a petty disorderly persons offense if it is so designated in this code or in a statute other than this code. Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes within the meaning of the Constitution of this State. There shall be no right to indictment by a grand jury nor any right to trial by jury on such offenses.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:43-1Degrees of crimesIn force
2C:43-1. Degrees of Crimes. a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows: (1) Crimes of the first degree; (2) Crimes of the second degree; (3) Crimes of the third degree; and (4) Crimes of the fourth degree. A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree. b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree. Except as provided in sections 2C:1-4c. and 2C:1-5b. and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:43-6Sentence of imprisonment for crime; ordinary terms; mandatory terms.In forcecited in 9 of our articles
2C:43-6. a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced to imprisonment, as follows: (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. b. As part of a sentence for any crime, where the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of 2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 1,095 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Yarbough (Supreme Court of New Jersey 1985, 100 N.J. 627)“…ars imprisonment with a ten-year parole disqualifer. N.J.S.A. 2C:43-6a.(l). The range of sentence for the thi…”
- State v. Kelly (Supreme Court of New Jersey 1984, 97 N.J. 178)“…ce *220 her to a minimum term for a second degree crime. N.J.S.A. 2C:43-6(a)(2); 2C:44-1(f)(1). See State v. R…”
- State v. William A. Case, Jr. (072688) (Supreme Court of New Jersey 2014, 220 N.J. 49)“…factors substantially outweigh the mitigating factors.” N.J.S.A. 2C:43-6(b). Central to the success of thi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Surveillance Camera Laws (2026 Guide), New Jersey Recording Laws (2026): One-Party Consent Rules, New Jersey Identity Theft Laws: Mandatory Police Reports and Civil Remedies
§ 2C:43-7Sentence of imprisonment for crime; extended terms.In force
2C:43-7. Sentence of Imprisonment for Crime; Extended Terms. a. In the cases designated in section 2C:44-3, a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), in subsection b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1) and in the cases designated in section 1 of P.L.1997, c.410 (C.2C:44-5.1), a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows: (1) In case of aggravated manslaughter sentenced under subsection c. of N.J.S.2C:11-4; or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:43-8Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offensesIn forcecited in 3 of our articles
A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Theft Laws: Degrees, Penalties and Shoplifting (2026), New Jersey Assault Laws: Simple vs Aggravated Assault and Penalties
§ 2C:43-3Fines and restitutionsIn forcecited in 8 of our articles
2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; e. Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 62 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Newman (Supreme Court of New Jersey 1993, 132 N.J. 159)“…stitution ordered paid to the victim [to] his loss.” N.J.S.A. 2C:43-3h. Finally, the Code prohibits the impos…”
- State v. Pena (Supreme Court of New Jersey 2004, 178 N.J. 297)“…000 for third-degree receiving stolen property pursuant to N.J.S.A. 2C:43-3b(1). Thus, Professor Singer's approach…”
- State v. Rhoda (New Jersey Superior Court Appellate Division 1986, 206 N.J. Super. 584)“…ine or restitution, or both, could have been ordered under N.J.S.A. 2C:43-3. We will refer shortly to defendant's a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Extortion Laws: Theft by Extortion and Penalties (2026), New Jersey Manslaughter Laws: Aggravated, Passion and Vehicular (2026), New Jersey Embezzlement and Forgery Laws: Degrees and Penalties
§ 2C:43-2Sentence in accordance with code; authorized dispositions.In force
2C:43-2. a. Except as otherwise provided by this code, all persons convicted of an offense or offenses shall be sentenced in accordance with this chapter. b. Except as provided in subsection a. of this section and subject to the applicable provisions of the code, the court may suspend the imposition of sentence on a person who has been convicted of an offense, or may sentence him as follows: (1) To pay a fine or make restitution authorized by N.J.S.2C:43-3 or P.L.1997, c.253 (C.2C:43-3.4 et al.); or (2) Except as provided in subsection g.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:44-1Criteria, withholding, imposing sentences, imprisonment.In forcecited in 4 of our articles
2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances: (1) The nature and circumstances of the offense, and the role of the actor in committing the offense, including whether or not it was committed in an especially heinous, cruel, or depraved manner; (2) The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance; (3) The risk that the defendant will commit another offense; (4) A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30 of this title, or the defendant took advantage of a position of trust or confidence to commit the offense; (5) There is a substantial likelihood that the defendant is involved in organized criminal…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 1,726 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Roth (Supreme Court of New Jersey 1984, 95 N.J. 334)“…t govern the State’s right to appeal sentences under N.J.S.A. 2C:44-1(f)(2). It is our view that the Code est…”
- State v. Reinaldo Fuentes (070729) (Supreme Court of New Jersey 2014, 217 N.J. 57)“…s application of the aggravating and mitigating factors in N.J.S.A. 2C:44-1(a) and (b). On July 1, 2009,…”
- State v. William A. Case, Jr. (072688) (Supreme Court of New Jersey 2014, 220 N.J. 49)“…ant’s conduct neither caused nor threatened serious harm,” N.J.S.A. 2C:44-1(b)(1); “defendant did not contemplate…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in New Jersey? (2026 Guide)
§ 2C:44-3Criteria for sentence of extended term of imprisonment.In force
2C:44-3. The court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if it finds one or more of the grounds specified in subsection a., b., c., or f. of this section. If the grounds specified in subsection d. are found, and the person is being sentenced for commission of any of the offenses enumerated in subsection c. or g. of N.J.S.2C:43-6, the court shall sentence the defendant to an extended term as required by subsection c. or g. of N.J.S.2C:43-6, and application by the prosecutor shall not be required. The court shall, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 to an extended term of imprisonment if the grounds specified in subsection g. of this section are found. The court shall, upon application of the prosecuting attorney, sentence a person to an extended term if the imposition of such term is required pursuant to the provisions of section 2 of P.L.1994, c.130 (C.2C:43-6.4). The finding of the court shall be incorporated in the record.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:45-3Summons or arrest of defendant under suspended sentence or on probation; commitment without bail; revocation and resentence.In force
2C:45-3. a. At any time before the discharge of the defendant or the termination of the period of suspension or probation: (1) The court may summon the defendant to appear before it or may issue a warrant for his arrest; (2) A probation officer or peace officer, upon request of the chief probation officer or otherwise having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order or that he has committed another offense, may arrest him without a warrant; (3) The court, if there is probable cause to believe that the defendant has committed another offense or if he has been held to answer therefor, may commit him without bail, pending a determination of the charge by the court having jurisdiction thereof; (4) The court, if satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or if he has been convicted of another offense, may revoke the suspension or probation and sentence or resentence the defendant, as provided in this section.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
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Sources and References
- N.J.S. 2C:1-4, Classes of offenses(lis.njleg.state.nj.us).gov
- N.J.S. 2C:43-6, Sentence of imprisonment for crime; ordinary terms; mandatory terms(lis.njleg.state.nj.us).gov
- N.J.S. 2C:43-8, Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses(lis.njleg.state.nj.us).gov
- N.J.S. 2C:43-7, Sentence of imprisonment for crime; extended terms(lis.njleg.state.nj.us).gov
- N.J.S. 2C:43-3, Fines and restitutions(lis.njleg.state.nj.us).gov
- N.J.S. 2C:45-2 (period of suspension or probation)(lis.njleg.state.nj.us).gov
- N.J.S. 2C:45-3, Summons or arrest of defendant under suspended sentence or on probation; commitment without bail; revocation and resentence(lis.njleg.state.nj.us).gov
- N.J.S. 2C:44-1, Criteria, withholding, imposing sentences, imprisonment(lis.njleg.state.nj.us).gov
- N.J.S. 2C:43-1, Degrees of crimes(lis.njleg.state.nj.us).gov
- N.J.S. 2C:44-3, Criteria for sentence of extended term of imprisonment(lis.njleg.state.nj.us).gov
- N.J.S. 2C:43-2, Sentence in accordance with code; authorized dispositions(lis.njleg.state.nj.us).gov
- N.J.S. 2C:45-4 (hearing before revocation)(lis.njleg.state.nj.us).gov
- P.L.2025, c.328(pub.njleg.state.nj.us).gov
- N.J.S. 2C:43-7.2, No Early Release Act(lis.njleg.state.nj.us).gov
- C.2C:43-7.1, Life imprisonment without parole; extended term for repeat violent offenders(lis.njleg.state.nj.us).gov
- N.J.S. 2C:11-3, Murder(lis.njleg.state.nj.us).gov
- N.J.S. 2C:35-5, Manufacturing, distributing or dispensing(lis.njleg.state.nj.us).gov
- P.L.2026, c.30(pub.njleg.state.nj.us).gov
- 18 U.S.C. § 922, Unlawful acts(www.law.cornell.edu)
- 18 U.S.C. § 921, Definitions(www.law.cornell.edu)
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