Getting arrested in New Jersey can have serious consequences. All crimes carry substantial penalties under New Jersey law, and arrests for traffic violations and juvenile offenses can lead to substantial penalties as well. If you have been arrested (or have a trial date pending) in 2025, learn about the penalties you could be facing from a New Jersey defense attorney at Helmer, Conley & Kasselman, P.A.
An Update (and a Potential Update) for 2025
While the majority of New Jersey’s criminal penalties remain unchanged for 2025, we have one update to report. Late last year, Governor Murphy signed a bill into law that establishes a new criminal offense of “home invasion burglary.” Technically, this law does not increase the penalties for burglaries involving home invasions but instead establishes a completely new offense with higher penalties than those that previously applied. If convicted under the new law, defendants can face between 10 and 20 years of prison time, with a minimum 85% prison term before parole eligibility in cases involving weapons, threats of harm, or actual harm caused during a home invasion.
Entering an unoccupied residence is a second-degree crime punishable by a prison sentence of 5-10 years and having to serve 85% of the sentence without parole eligibility. A significant change in the burglary of a residence amendments is that there is no longer a presumption that when charged with that crime, the defendant will be released pending the resolution of the case. This makes it more likely that the defendant charged needs excellent representation at their detention hearing, which takes place a few days after they are arrested. If the defense loses that hearing, it is unlikely that the person charged will be able to have another hearing about being released for at least six months.
Another bill that is currently making its way through the New Jersey legislature seeks to remove the mandatory minimum sentences for certain non-violent drug crimes. These include many crimes involving the manufacturing, dispensing, and distribution of illegal drugs. If this bill passes, it will have a major impact on many drug crime prosecutions in New Jersey—and our attorneys will be monitoring for additional developments.
New Jersey’s Criminal Penalties (Disorderly Persons Offenses and Indictable Crimes)
As noted above, New Jersey’s criminal penalties are largely remaining unchanged for 2025. This means that the potential fines and jail (or prison) sentences for disorderly persons offenses and indictable crimes are as follows:
- Petty Disorderly Persons Offenses – Up to a $500 fine and 30 days in jail
- Disorderly Persons Offenses – Up to a $1,000 fine and six months in jail
- Fourth-Degree Indictable Offenses – Up to a $10,000 fine and 18 months in prison
- Third-Degree Indictable Offenses – Up to a $15,000 fine and three to five years in prison
- Second-Degree Indictable Offenses – Up to a $150,000 fine and five to 10 years in prison
- First-Degree Indictable Offenses – Up to a $200,000 fine and 10 to 20 years in prison in most cases (the most severe crimes can carry between 20 years and life behind bars)
Where your case falls within each of these ranges will depend on the circumstances involved. When you hire an experienced New Jersey defense attorney to represent you, your attorney will be able to assist with determining the specific penalties that are on the table in your case.
Additional (or Alternate) Penalties in New Jersey Criminal Cases
In addition to fines and jail (or prison) time, New Jersey law also imposes other penalties in certain types of cases. One of the most notable examples is sex offender registration under Megan’s Law in sexual assault cases. These penalties will also generally remain the same for 2025.
As alternatives to jail (or prison) time, New Jersey law also provides for probation and community service in appropriate cases. If avoiding a conviction entirely is unlikely under the circumstances of your case, then working with your New Jersey defense attorney to seek a resolution that avoids incarceration could be your best option.
New Jersey’s DUI Penalties
Driving under the influence (DUI) is not a criminal offense in New Jersey. Instead, it is classified as a traffic violation under New Jersey law. However, DUI convictions can still have significant consequences—and this makes it essential to hire an experienced New Jersey defense attorney who can help you fight your DUI charge by all means available.
Under New Jersey law, the penalties for a standard first-time DUI conviction can include:
- Fines and surcharges
- Loss of driving privileges
- Up to 30 days in jail
- Mandatory ignition interlock device installation
- Mandatory alcohol education
Under a law that took effect in 2024, individuals who are facing DUI charges in New Jersey have the option to immediately install an ignition interlock device in their vehicle and protect their right to drive. This can be critical for many individuals, and it is a possibility that you will want to discuss with your New Jersey defense attorney as soon after your arrest as possible.
Importantly, the penalties for DUIs in New Jersey increase significantly for second and subsequent offenses. Causing an accident, having a minor in your vehicle, and other factors can increase the penalties you face in a New Jersey DUI case as well.
New Jersey’s Juvenile Delinquency Penalties
Similar to DUIs, juvenile offenses are not technically classified as crimes under New Jersey law. With that said, going through the juvenile delinquency process can feel very much like going on trial for a crime, and juvenile sentences can feel very much like criminal punishments as well. As of 2025, the potential penalties in New Jersey juvenile delinquency cases include:
- Community service
- Driver’s license suspension
- Fines
- Mandatory parental involvement
- Mandatory vocational or educational programs
- Mental health or substance abuse treatment
- Placement in juvenile detention
- Placement in the custody of the Department of Children and Families (DCF)
- Probation
- Restitution
Regardless of the penalties you may be facing, avoiding unnecessary consequences after an arrest in New Jersey requires skilled legal representation. At Helmer, Conley & Kasselman, P.A., our New Jersey defense attorneys have hundreds of years of combined experience defending clients in criminal, traffic, and juvenile cases. We can help minimize the consequences of your arrest, but it is important that you contact us as soon as possible.
Request a Confidential Consultation with a New Jersey Defense Attorney at Helmer, Conley & Kasselman, P.A.
If you have been arrested in New Jersey and need to know more about what is at stake in your case, we encourage you to contact us right away. To schedule a confidential consultation with a New Jersey defense attorney at Helmer, Conley & Kasselman, P.A. as soon as possible, call 877-435-6371 or tell us how we can reach you online now.
