Sentencing

If you are charged with a crime it is important to know what penalties you may be facing. Each criminal offense carries with it a charging degree. The penalties you will face will depend on the degree in which you are charged.

FIRST DEGREE CRIMES
• There is a presumption of jail time meaning that a person convicted of a 1st degree offense must be incarcerated.
• A conviction on first degree charge is punishable by a sentence of jail time in a range of ten (10) to twenty (20) years.

SECOND DEGREE CRIMES

• There is a presumption of jail time.
• A conviction on a second degree charge is punishable by a sentence of jail time in a range of five (5) to ten (10) years.

THIRD AND FOURTH DEGREE CRIMES
• On third and fourth degree crimes there is a presumption of non incarceration which means that the jail time can be suspended by a judge and probation imposed instead.
• A conviction on a third degree charge is punishable by a sentence of jail time in a range of three (3) to five (5) years.
• A conviction on a fourth degree charge is punishable by a sentence of jail time up to eighteen (18) months.

AGGRAVATING AND MITIGATING FACTORS
• Under 2C: 44-1 (a) (Aggravating Factors) through 2C:44-1(b) (Mitigating Factors) sentences start in the mid-range and are arrived at through a process of considering so-called aggravating and mitigating factors. For example, on a second degree crime, the presumptive is seven (7) years and then the analysis would determine whether the convicted defendant receives a possible low of five (5) years or a possible high of ten (10) years. This analysis is used to determine actual sentence duration given in every criminal conviction.

DISORDERLY PERSONS OFFENSES–SENTENCING
• The maximum authority of a municipal court judge for purposes of sentencing is to impose a sentence of a fine in the range of zero dollare ($0.00) up to one thousand dollars ($1,000.00) per count.
• A conviction may also result in jail time for up to six(6) months per count.

PETTY DISORDERLY PERSONS OFFENSES–SENTENCING

• The maximum sentence that may be imposed per count is a fine range of zero dollars ($0.00) up to five hundred dollars ($500.00) per count.
• A conviction may also result in jail time for up to thirty (30) days per count.

Please contact our office for a free consultation to discuss your matter.

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