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.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
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:
Defendants who have been convicted of a first- or second-degree charge can only be eligible for alternative sentencing options in specific circumstances.
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:
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:
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.
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.