New Jersey Jail Sentence Calculator

Criminal offenses in New Jersey can vary in terms of penalties depending on the actual crime committed and the verdict upon the conviction. However, regardless of the criminal offense, a conviction can have long-standing effects on a person’s life. Penalties due to a conviction can include a prison sentence, community service, probation, fines, and a permanent mark on your criminal record.

If you have been charged with a crime in New Jersey, it is important to retain the services of an experienced New Jersey criminal defense attorney. A skilled attorney can assist you in understanding your rights under the law as well as sentencing options that may be available to you.

At Lustberg Law Offices, we offer tailored legal services and quality representation to individuals who have been charged with a crime in New Jersey. Top-rated New Jersey criminal defense attorney Adam M. Lustberg has a decorated history of fighting for the rights of New Jersey residents and representing their best interests.

To learn more about how we can help you, call us at (201) 880-5311.

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N.J.S.A. 2C:43-1: New Jersey Degree of Crimes Law

Sentencing of criminal offenses in New Jersey does not follow the usual state designations of misdemeanors and felonies. Instead, New Jersey adheres to the classification of criminal offenses for the purpose of sentencing into four degrees, with the fourth degree being the least severe and the first being the most severe.

If a crime has a designated code under the law, it can be sentenced accordingly depending on the degree of severity. For criminal offenses without a specified degree, they are sentenced as a fourth-degree offense.

Crimes with an applicable degree, or what would be commonly referred to in other states as felonies, are classified as indictable offenses in NJ. Crimes that would be referred to as misdemeanors in other states are classified as disorderly persons offenses in New Jersey.

Indictable offenses are handled in the Superior Court in the county where the defendant was charged. An indictment requires the presence of a grand jury. Meanwhile, disorderly or petty disorderly persons offenses are handled in the Municipal Court and proceed by virtue of a summons or a complaint. Neither a grand jury nor an indictment is necessary for a disorderly persons offense to proceed.

Each tier of criminal offense can carry either a prison or jail sentence depending on the conviction and the determination of a judge. While there is a possibility of parole for some criminal offenses, being convicted on charges that qualify as a violent offense under the No Early Release Act (NERA) requires the defendant to serve 85% of their prison sentence before acquiring parole eligibility.

The corresponding jail or prison sentences for each degree are as follows:

First-degree criminal offenses - Punishable by 10 to 20 years in prison. Subject to the NERA. Operates on a presumption of a prison sentence even for first offenders
Second-degree criminal offenses - Punishable by five to ten years in prison. Subject to the NERA. Operates on a presumption of a prison sentence even for first offenders.
Third-degree criminal offenses - Punishable by three to five years in prison. Operates on a presumption of a probation period for first offenders.
Fourth-degree criminal offenses - Punishable by up to 18 months in prison. Operates on a presumption of a probation period or commutation to alternative sentencing options for first offenders.
Disorderly persons offenses - Punishable by up to six months in the county jail and a $1,000 fine. May be eligible for conditional discharge or dismissal programs depending on the type of offense for those with no prior criminal history.
Petty disorderly persons offenses - Punishable by up to 30 days in the county jail and a $500 fine. May be eligible for conditional discharge or dismissal programs depending on the type of offense for those with no prior criminal history.

Defendants who have been convicted of a first- or second-degree charge can only be eligible for alternative sentencing options in specific circumstances.

New Jersey Jail Credit Calculator

If you have been convicted of a criminal offense and are sentenced to serve time in prison, knowing how and when you would be eligible for parole is important.

The actual parole eligibility date for incarcerated offenders is calculated by the application of the following credits:

Jail credit - Jail credits are credits awarded by the court to an inmate if the inmate spent any number of days in custody prior to being sentenced.
Commutation credit - Also referred to as “good time” credits, commutation credits are awarded to inmates pursuant to N.J.S.A 30:4-140. Commutation credits are not earned but are automatically applied when calculating parole eligibility. Commutation credits are calculated based on one-third of the inmate’s prison sentence with the jail credit omitted.
Work credit - Work credits are credits earned pursuant to N.J.S.A. 30:4-92. An inmate earned one credit or day for every five days the inmate works in the institution.
Minimum custody credit - Minimum custody credits are earned at the rate of three days per month for the first year the inmate is incarcerated into minimum custody. After the first year, an inmate earns credits at a rate of five days per month.
Gap-time credit - Gap time credits are awarded to inmates who served time while waiting for different sentences to be imposed. This can apply to defendants who are incarcerated for more than one charge. Gap time credits are removed on the tail end of a sentence and can reduce the overall prison sentence the Parole Board will use to compute the defendant’s parole eligibility date.

In the case where a defendant is in jail pending trial in multiple counties, they can receive jail credit on both credits for time on both charges if they are sentenced on both charges. If a defendant is in jail in another state or country, they can still accrue jail credits as long as they are being held in custody on New Jersey charges only.

There are two other computations used to calculate parole eligibility dates:

Jail Credit for Time Served While On Parole

If a defendant is charged with a new offense while on parole, they will not be eligible to accrue jail credit for time spent in custody. When a defendant is taken into custody for violation of parole, credits would be earned on the original offense for which the parole was already granted. Jail credits would only be given towards new sentences when parole is not revoked and the defendant is convicted and penalized for the same charges that led to the parole warrant. If parole is revoked, any time served between a parole warrant and being sentenced for the new offense would be eligible for jail credit which would apply to any period of imprisonment as ordered by the Parole Board.

Client Reviews

"If I could give Lustberg law offices more than 5 stars I would. Adam M. Lustberg is by far the best criminal defense attorney I have ever met. He is the most knowledgeable, professional, and highly respected in the area. Mr. Lustberg will go above and beyond to make sure he gets you the best possible outcome for your situation. Adam M. Lustberg fought long and hard for my mother and instead of her serving what could’ve been a 5-10 year sentence in jail, she got the minimum sentence of 364 days which is now downgraded to 6 months. Thank you Lustberg law offices for all your hard work! Everyone makes mistakes and Lustberg law offices are on your side."

- Nina Suslovich -

"I couldn’t have asked for a better lawyer, and quite frankly I was actually very surprised he was able to handle my case in the way it was done. I highly recommend Adam to anyone who needs a gentleman in his profession."

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"Luckily ive only had to use mr.lustbergs services once but i will forever say he is the best lawyer in the world! He’s always available to answer any questions i have and is always happy to help even months after having all my charges dismissed. I’d give more then 5 stars if i could."

- patty kim -

"I must say Out of all my experiences with Lawyers, doing business with Adam was the best. After first meeting Adam and informing him of my Situation, he reassured me that if there was a way out of it he would find a way. I was hesitant and decided to go to Trial. Adam handled my Trial as a true professional and Made sure every aspect was covered, and decided to go about my trial with the best angle Neccessary. I was acquitted on my Charge and 7 other charges were dismissed.. Best experience and feeling ever..THAnks For my Freedom ADAM!!!"

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"I highly recommended Adam M. Lustberg! Adam is extremely knowledgeable and professional. He clearly knows everything there is to know about criminal law. He is a great communicator, and he gave my case his full attention. If you are searching for a criminal defense attorney, you can stop your search right here. Adam is the very best."

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"I have a long history with the Lustberg Law Firm. Adam is highly experienced, a great communicator who will not keep an eye on the time when you are talking to him. He actually listens to the client and goes out of his way to understand your particular goal. Adam always replied to my emails, texts and phone calls. A professional in every respect. I recommend the Lustberg Law firm without any reservations."

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Working With an Experienced New Jersey Criminal Defense Attorney

If you have been sentenced to serve time in prison as a result of a conviction, getting the help of an experienced New Jersey criminal defense attorney is important. A skilled lawyer can help determine whether you are eligible for credits for any time you have served while in custody. Every single day of your liberty counts.

At Lustberg Law Offices, our team of legal professionals provide quality counsel and aggressive legal representation. New Jersey criminal defense attorney Adam M. Lustberg has extensive experience working in the New Jersey justice system and has the necessary knowledge to help guide you through the legal processes involved.

Contact us today at (201) 880-5311 to schedule a free consultation.

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