Sentencing for Indictables in New Jersey
Indictables in New Jersey, also known as Crimes or Felonies in other jurisdictions, are the most serious charged crimes and carry significant terms of incarceration and fines. Indictables range from first degree (most serious) to fourth degree (least serious), but all Indictables expose a criminal defendant to terms of incarceration and significant fines.
Ordinary Terms of Incarceration & Fines
First Degree
-Between 10 years and a maximum of 20 years in New Jersey State Prison.
-Fine not to exceed $200,000.00.
-Mandatory Assessments
Second Degree
-Between 5 years and a maximum of 10 years in New Jersey State Prison.
-Fine not to exceed $150,000.00.
-Mandatory Assessments
Third Degree
-Between 3 years and a maximum of 5 years in New Jersey State Prison.
-Fine not to exceed $15,000.00
-Mandatory Assessments
Fourth Degree
-A term of incarceration not to exceed 18 months in New Jersey State prison.
-Fine not to exceed $10,000.00
-Mandatory Assessments
The terms of incarceration and fines are not presumptive but instead are starting points for the Court. The Court must weigh the aggravating and mitigating factors as well as special considerations in imposing a sentencing which may result in the imposition of an extended term or a period of parole ineligibility. For certain offenses, the No Early Release Act (“NERA”) may apply which mandates that an offender serves 85% of their sentence before they become parole eligible.
Presumptions of Imprisonment
One of the first considerations made by a sentencing judge in determining whether to incarcerate is whether the convicted offense carries a presumption of incarceration.
If the convicted offense is of the first or second degree, the Court must impose a term of incarceration. N.J.S.A. 2C:44-1d. The standard to rebut this presumption is high. The Court can only find that the presumption has been overcome when the Court finds exceptional circumstances where a term of incarceration would be a serious injustice and such an injustice overrides the need to deter others. State v. Jabbour, 118 N.J. 1 (1990).
If the convicted offense is of the third or fourth degree, and the offender is a first offender, the Court must not impose a term of incarceration. N.J.S.A. 2C:44-1e. To overcome this presumption of non-incarceration, the Court must find that the aggravating factors mandate that incarceration is necessary for protection of the public. State v. Roth, 95 N.J. 334, 357 (1984).
Why you Need an Experienced Criminal Defense Attorney?
Indictables are serious crimes and carry significant terms of incarceration and substantial fines. However, an experienced criminal defense attorney can mount a rigid defense to mitigate unfavorable evidence to help achieve a favorable resolution. In those cases where sentencing cannot be avoided, an experienced criminal defense attorney can help you or your loved one mitigate terms of incarceration and fines.
To consult an experienced defense attorney, please call Karpus Law at (973) 645-9453.