Will I Go to Jail for a Misdemeanor Conviction in New Jersey?
Posted September 26th, 2024.
Categories: Blog.
When you are charged with a misdemeanor in New Jersey there is a possibility that you will be sentenced to jail time. Contact a New Jersey criminal defense attorney today to discuss your legal options and rights.
What is a Misdemeanor?
In New Jersey, the terms ‘felony’ and ‘misdemeanor’ are not used. Instead, comparable classifications are ‘indictable crime’ and ‘disorderly person offense,’ respectively. A misdemeanor, or in this case disorderly person offense, is an offense issued when an individual breaks a law but it is not as serious as a felony. They are not technically crimes but they are still criminal in nature and are penalized as such.
Individuals can face either standard disorderly person offenses or petty disorderly person offenses depending on the law that was broken. Examples include the following and more.
- Simple assault
- Shoplifting under $200 worth of items
- Resisting arrest
- Harassment
- Lewdness
Can I Face Jail Time for a Misdemeanor in NJ?
Jail time is a potential penalty for any individual convicted of a misdemeanor in New Jersey. While the penalties are not as severe as an indictable crime, imprisonment is a possibility for both standard disorderly person offenses and petty disorderly person offenses.
The actual penalties you will be issued can vary depending on a multitude of factors but in general, the consequences will be as follows.
Standard disorderly person offense: Fines of up to $1,000 and imprisonment of up to 6 months
Petty disorderly person offense: Fines of up to $500 and imprisonment of up to 30 days
Most first-time misdemeanor offenders do not receive jail time and instead are sentenced to probationary periods, community service, house arrest, increased fines, etc. However, it is possible to find yourself in jail for 6 months depending on the details of your offense.
What Factors Influence Misdemeanor Sentencing?
Every situation is unique so there is no way to say for certain whether or not you will find yourself behind bars after being convicted of a disorderly person offense in NJ. However, several factors can impact your sentencing.
The following aspects of your charges can influence whether or not you are sentenced to jail time.
- Your criminal record: An individual with a prior criminal record generally faces more significant sentencing than a first-time offender. The court will see that you did not learn from your previous mistakes and know that probation or educational courses may not be effective so they could be more likely to sentence you to jail.
- The nature of the offense: A violent or more damaging offense can also result in an increase in the likelihood that you will go to jail. For example, assault is more likely to result in jail time than a nonviolent crime.
- Aggravating factors: Certain aggravating factors can also contribute to sentencing. For example, if your offense left someone injured, you committed the offense near a school or child, you show a lack of remorse, or you were on probation when you committed the offense it could increase your chances of going to jail.
It is important that you have a complete understanding of the legal process and the potential outcome of your case. Work with a skilled attorney for more information.
