Whether a first-time offender will go to jail upon conviction in New Jersey depends on the nature of the charges against them. While up to 90 days of jail time is a possibility for some municipal ordinance violations, judges do not have to order it. Petty disorderly persons offenses and disorderly persons offenses have maximum jail sentences of 30 days and six months, respectively. Sentencing for an indictable offense will depend on the accused crime. However, courts can still give sentences that do not involve jail time for these violations.
If you’ve been charged with a crime in New Jersey for the first time, you need experienced, persuasive legal advocacy to convince a court to avoid incarceration at sentencing.
What Types of Offenses Could a First-Time Offender Be Charged With?
Common first offenses include:
- DWI
- Shoplifting
- Simple drug possession
- Possession of drug paraphernalia
- Disorderly conduct
- Trespassing
- Theft of services
- Harassment
- Stalking
- Underage drinking
- Simple assault
However, some people find themselves in the criminal justice system for the first time for more serious criminal offenses, such as aggravated assault, robbery, drug trafficking, sex crimes, or homicide.
Will First-Time Offense Penalties Vary with the Type of Offense?
Penalties for an offense in New Jersey will vary based on the grading of the offense. Convictions for municipal ordinance violations usually result in fines and community service. However, petty disorderly persons and disorderly persons offenses – often referred to as “misdemeanors” – carry more severe penalties as follows:
- Petty disorderly persons offense: Fines of up to $500 or up to 30 days in jail, or both
- Disorderly persons offense: Fines of up to $1,000 or up to 6 months in jail, or both
New Jersey indictable offenses, also called felonies in other jurisdictions, fall into one of four grades based on the severity of the offense. Incarceration and financial penalties for convictions include:
- Fourth-degree offense: Up to 18 months in prison and potential fines of up to $10,000
- Third-degree offense: 3 to 5 years in prison and potential fines of up to $15,000
- Second-degree offense: 5 to 10 years in prison and potential fines of up to $150,000
- First-degree offense: 10 to 20 years in prison and potential fines of up to $200,000, or prison sentences of 20 years to life for certain offenses
For a first-time disorderly persons conviction, a court may decide to impose probation with community service instead of jail time. The hope is that exposure to the criminal justice system and a conviction will convince the first-time offender to avoid future criminal behavior.
In cases of a first-time indictable offense conviction, a court may impose a prison sentence if the underlying crime was violent or otherwise severe. However, the court may choose to impose probation instead of prison for some defendants facing a first-time conviction for an indictable offense. Even in these circumstances, violating the terms of probation may result in the defendant serving a prison sentence for their original offense.
The penalties a court may impose on a first-time offender will depend on the case’s specific facts, as the law requires courts to set sentences tailored to the defendant’s circumstances and needs. With that in mind, a court may consider factors such as:
- The defendant’s criminal history (including juvenile offenses or expunged convictions)
- The severity or violent nature of the defendant’s offense
- The defendant’s acceptance of responsibility or cooperation with law enforcement
- Any mental health issues experienced by the defendant that may have contributed to the offense
- The defendant’s childhood and upbringing
- The defendant’s family and community ties
Are There Alternatives to Jail for First-Time Offenders?
The New Jersey criminal justice system operates programs for first-time offenders that provide an alternative to a conviction or incarceration. Each program has different eligibility criteria and specific criminal offenses that would disqualify a defendant from admission. These alternative programs focus on rehabilitating the defendant to avoid future criminal conduct rather than punishing them for their offense. Among the most common alternative programs in New Jersey are pre-trial intervention, recovery court, and conditional discharge.
Pre-Trial Intervention
Pre-trial intervention is a program designed for first-time offenders in New Jersey. It allows defendants to avoid conviction or a criminal record by completing a period of probationary supervision and other conditions, such as community services, drug rehabilitation, or restitution. Completing PTI will result in the dismissal of the charge.
Recovery Court
Previously called drug court, recovery court serves offenders whose substance abuse issues motivated their criminal activity, such as committing theft to fund a drug habit. Recovery court involves an intensive addiction treatment program that includes detox, counseling, community service, and supervision, including random drug testing. Defendants must plead guilty to their charges as a condition of admission to recovery court.
Conditional Discharge
The conditional discharge program serves offenders charged with minor drug crimes. The program requires a defendant to complete a period of supervision and other conditions, such as substance abuse treatment or random drug testing. Upon completion, the court will dismiss the defendant’s charges.
Can a NJ Defense Attorney Help You Not Go to Jail for a First-Time Offense?
A criminal defense attorney can help you seek to avoid jail or prison time after a first-time conviction by gathering and presenting evidence of:
- Your acceptance of responsibility
- Mental health issues, drug addiction, and past emotional trauma
- A strong employment record
- Your family and community ties
Your lawyer can use mitigating evidence to argue that alternative programs or lighter sentencing options will have a better chance of rehabilitating you and preventing your return to the criminal justice system. Without the help of a strong criminal defense attorney, you are exposed to the full force of the law, which could lead to stricter sentencing when leniency should have been an option.
Contact a New Jersey Criminal Defense Lawyer
Are you facing first-time charges in New Jersey and worried about how they could affect your future? If so, contact the Law Office of Jason A. Volet today for a free, confidential consultation with a New Jersey criminal defense attorney. We’ll explain the potential outcomes for a first-time conviction, then craft a strategy aimed at a fair outcome.
