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New Jersey Section 2C:43-8 – Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses

 

New Jersey Section 2C:43-8 – Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses

New Jersey has a law, Section 2C:43-8, that covers sentencing for disorderly persons offenses and petty disorderly persons offenses. This law can have a big impact on people charged with minor crimes in NJ, so it’s good to understand it.

Let’s break it down in simple terms, shall we?

What are disorderly persons offenses and petty disorderly persons offenses?

These are minor criminal charges in New Jersey. Disorderly persons offenses are a little more serious than petty disorderly persons offenses, but both are less serious than actual crimes like felonies or misdemeanors.

Some examples of disorderly persons offenses are things like simple assault, bad checks under $200, disorderly conduct, public intoxication. Petty disorderly persons offenses are even lesser things like loitering, harassment, defiant trespass.

So we’re talking low-level, minor violations here. But they can still carry jail time if you’re convicted.

Okay, so what does the law say about sentencing for these petty crimes?

Well, here’s the gist of 2C:43-8:

  • If you’re convicted of a disorderly persons offense, you can be sentenced to up to 6 months in county jail.
  • For a petty disorderly persons offense, the maximum jail sentence is 30 days.
  • Instead of jail time, the court can impose a fine up to $1,000 for a disorderly persons conviction, or $500 for a petty disorderly persons conviction.
  • Probation up to 1 year can also be part of the sentence.
  • There are some exceptions though…

Tell me more about the exceptions

Right, so the law does carve out some exceptions where the normal sentencing limits can be exceeded. For example:

  • Repeat offenders or those with a criminal record can get more jail time – up to 18 months for disorderly convictions, up to 60 days for petty disorderly convictions.
  • There are mandatory minimum jail sentences for certain domestic violence offenses, like contempt of a restraining order. Even if it’s charged as a petty disorderly offense, there’s a minimum 5 days in jail.
  • When sentenced to probation, there are some disorderly persons offenses that require a mandatory 90-120 days county jail term as a condition of probation. Things like assault, theft, criminal mischief.
  • For disorderly persons drug offenses, the court can suspend your driver’s license for up to 2 years.

So while the law tries to cap sentencing for minor crimes, there are still ways prosecutors and judges can throw the book at you, so to speak.

What if I have prior convictions, will that affect my sentence?

For sure. The law allows for extended jail time if you have previous criminal convictions, even convictions for the same petty offenses.

For example, if you already have 1 disorderly persons conviction, a new one can get you up to 18 months in jail instead of just 6. And if you have 3 or more disorderly convictions, you may face 3-5 years in state prison on the new offense!

The key thing is your criminal record. So someone with a clean record may get a slap on the wrist for a petty offense. But repeat offenders face much harsher penalties.

That seems unfair if it was just a minor violation

I hear you, and many folks argue these extended sentences are unjust and excessive punishment for petty crimes. But lawmakers claim it’s needed to get habitual offenders under control.

Others say minor crimes still impact communities, and repeat offenders need stronger deterrents. But there’s definitely a debate around imposing what some see as disproportionate jail terms just for, say, shoplifting or minor drug possession.

As with any law, there are good-faith arguments on both sides. But at minimum, defendants should know their criminal record substantially increases their risk under 2C:43-8.

What about fines, are those common for minor convictions?

Very common, yes. While the statute authorizes up to $1,000 in fines for disorderly convictions, most sentences involve fines of a few hundred dollars instead.

For petty disorderly offenses, fines usually range from $100 to $500. Many municipal courts impose fines because they generate revenue. Defendants are often given a choice between paying a fine or jail time.

And courts can order additional penalties like restitution, community service, drug counseling, etc. So the financial penalties can add up even for minor infractions.

Can I avoid jail time if I’m convicted?

There are a few options:

  • Plead down – Work out a plea deal to lower the charges and avoid a disorderly/petty disorderly conviction altogether. Prosecutors often compromise.
  • Fines – Agree to pay fines in lieu of jail time, if the judge allows it. But you’ll need to prove you can pay.
  • Probation – Ask for probation instead of incarceration. But probation may have conditions like fines, drug testing, community service that are burdensome.
  • Suspended sentence – The judge can hand down jail time but suspend it while you’re on probation. So if you don’t violate probation, you avoid jail.
  • Appeal – You can appeal the conviction or sentence and try to get it overturned or reduced. But appeals are iffy.

So in summary, 2C:43-8 limits jail time for minor NJ offenses, but prior record can still land you in jail. Fines are common. And various sentencing options exist, but the judge has discretion.

I know that was a lot of legal mumbo jumbo! Let me know if you have any other questions on this topic.

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