New Jersey Criminal Law

New Jersey criminal law can be a complex and difficult subject with many details on crimes and punishments. The New Jersey statutes outline several criminal behaviors, and the information contained here focuses on common crimes in New Jersey. The paragraphs below are brief and give a general idea of available punishments in New Jersey. For specific information or assistance, contact a New Jersey criminal defense attorney.

Drug Possession in New Jersey

New Jersey drug laws are among the strictest in the country. Although New Jersey has varying degrees of punishment depending on the type of drug, the quantity, and whether or not the defendant is charged with possession or distribution, any drug arrest in New Jersey is a serious affair.

• Possession: Possession in New Jersey is a charge typically reserved for smaller quantities of drugs as a defendant arrested with large quantities can be charged with intent to distribute.
• Possession of narcotics such as cocaine or heroin in New Jersey carries a sentence of up to five years and a fine up to $35,000.
• Possession of marijuana over 50 grams, carries a sentence of 18 months in jail and a fine up $25,000.

• Distribution: Distribution of, or intent to distribute, marijuana or narcotics such as cocaine or heroin can have serious consequences in terms of prison time and fines.
• If charged with distribution of, or intent to distribute, more than five pounds of marijuana a defendant faces a possible jail sentence between 10-20 years and a fine between $25,000 and $300,000. Smaller quantities of marijuana can result in as many as five years in jail and a fine up to $25,000.
• Distribution of any narcotic such as cocaine or heroin can lead to prison sentences ranging from five years for less than 1/2 an ounce to 10 – 20 years for more than five ounces, and fines ranging from $75,000 to $500,000.

For specific questions concerning punishments associated with various drug quantities, or if arrested for possession of drugs, contact a New Jersey criminal law attorney.

Assault in New Jersey

Assault in New Jersey occurs when an assailant either intentionally attempts to cause harm but does not, or knowingly or recklessly causes harm to another.

• A simple assault is a petty crime punishable by up to 6 months in jail.

Assault may become aggravated upon the existence of factors such as the assailant intends to cause serious harm, is extremely reckless, uses a weapon, or assaults a particular group such as police officers or children.

• Depending on the severity, an aggravated assault conviction can result in 1 – 10 years in prison.

New Jersey Drunk Driving / DUI:

A DUI in New Jersey can result in serious and expensive consequences. First time offenders face license suspension up to 1 year, fines up to $500, required payment of fees and surcharges that can add up to another $500, a potential jail term of 30 days, community service, and a possible installation of an ignition interlock device. If arrested for DUI, contact a New Jersey DUI attorney.

Right to Jury in New Jersey

The New Jersey Constitution provides that a defendant is entitled to a right to a trial by jury. Case law in New Jersey has established that crimes punishable by more than six months entitle a defendant to a right to a jury trial. The defendant may waive this right if he so chooses.

Trial Date in New Jersey

A defendant in New Jersey is entitled by the State Constitution to a speedy trial, and the trial date will be set accordingly. A defendant or the prosecutor may request a continuance in order to provide additional time to adequately prepare for the upcoming trial. For more information on how to request a continuance or enforce the right to a speedy trial, contact a New Jersey criminal defense attorney.

Sentence Review / Appeals in New Jersey

A convicted defendant may file a timely appeal of the sentence based on a legal error made during the course of the trial, or an unjust sentence. For defendants convicted of drug offenses who have been handed a mandatory minimum sentence, New Jersey law allows a motion to reduce or change the sentence in the best interests of justice. A judge will hear the motion, and make a decision based on the facts of the case. Appeals and sentence reviews require timeliness and attention to procedural detail and should not be pursued without first consulting a New Jersey defense attorney.

New Jersey Criminal Law Statutes

Click here for the New Jersey Permanent Statutes:

1. Drug Possession in New Jersey
1. New Jersey Permanent Statutes, Title 2C: Code of Criminal Justice, §§ 35-5, 35-10
2. Assault in New Jersey
1. New Jersey Permanent Statutes, Title 2C: Code of Criminal Justice, § 12-1
3. New Jersey Drunk Driving – DUI
1. New Jersey Permanent Statutes, Title 39: Motor Vehicles, § 4-50
4. Sentence Review / Appeals in New Jersey
1. New Jersey Permanent Statutes, Title 2C: Code of Criminal Justice, § 35 – 7a