Penalties for Convictions in Municipal Court
It is essential to know what penalties you may potentially face if you are convicted of a crime in Municipal Court. After all, knowing what punishment you may be up against can affect your entire strategy for your case. Some individuals would rather defend themselves than negotiate a plea deal if they know the potential punishment is only a fine. Those same individuals might be more inclined to negotiate a plea deal with the prosecutor if they know they are facing a possible six-month jail sentence. Knowing the potential punishment you are facing can thus have profound implications for your future. It is essential to include these penalties when you are analyzing your case strategy before you go to trial. Make sure to have an experienced Municipal Court attorney who is familiar with the laws and penalties for violating them.
New Jersey laws are unique in how they address Municipal Court penalties. Some statutes set mandatory minimum punishments, while others leave penalties entirely up to the Judge presiding over the case. With Judge discretion playing such a key role in many sentences, it is essential to hire an attorney who is not only familiar with Municipal Court laws but also with the Judges who try the cases. Some Judges may be more lenient in their sentencing, while others may have a knack for handing down harsher penalties for certain crimes. This can undoubtedly affect how you should approach your trial. Make sure your attorney advises you of the potential and likely penalties you may face if convicted, and stress that they do some research on the Judge trying your case.
The penalties listed below are those typically handed out for Municipal Court crimes. As mentioned before, some of these are prescribed by statute, requiring the Judge to impose a specific sentence within the listed time period or a particular fine. However, many of these penalties are typically discretionary and may depend on how well your case is presented. During the sentencing phase of your trial, a Judge may consider what are called “mitigating factors. These are essentially good characteristics about you that show the judge that he should provide leniency with your punishment. It is therefore essential to have an experienced Municipal Court Attorney who knows what the Judge is looking for to get you the most favorable penalties possible.
Since Municipal Courts in New Jersey hear disorderly persons offenses and petty disorderly persons offenses, the laws limit the punishment that Judges may impose on a guilty defendant. The maximum prison or jail sentence they are allowed to hand out is six months. The maximum fine is $1000 for disorderly persons offenses and $500 for petty disorderly persons offenses. Judges can also invoke court costs and fees, restitution costs, probation, community service, and suspension of driver’s licenses, depending on the crime the defendant is convicted of.
Here are the typical penalties for Municipal Court crimes. For many of these crimes, there is no guarantee you will be subject to the penalty listed. Many penalties are based on the defendant’s unique situation. Please consult a qualified Municipal Court attorney who can lay out the potential punishment you may face if convicted of a crime in your unique situation.
| Crime | Jail Sentence | Fine/Fees | Additional Penalties |
| Drug Charge – 1stOffense | None | Up to $1500 | – Probation,- Counseling/Rehabilitation |
| Minor Drug Charge –Repeat Offenders | Up to 6 Months | Up to $1500 | – Probation,- Counseling/Rehabilitation |
| DWI/DUI – 1stoffenseBAC < .10% | Up to 1 Month | – $250-$400- $1000 DMV surcharge for 3 years- additional costs | – 3-month license suspension- 12-48 hours of counseling |
| DWI/DUI – 1stoffenseBAC > .10% | Up to 1 Month | – $300 – $500- $1000 DMV surcharge for 3 years- additional costs | – 7 months – 1 year license suspension- 12-48 hours counseling- Ignition Interlock Breathalyzer System installed for 6 months – 1 year. |
| DWI/DUI – 2ndoffense | Mandatory 2 days to 3 months | – $500 – $1000- $1000 DMV surcharge for 3 years- additional costs | – 2-year license suspension- 30 days community service- Ignition Interlock Breathalyzer System installed for 1-3 years upon restoration |
| DWI/DUI – 3rdoffense | Mandatory 6 months minimum | – $1000- $1000 DMV surcharge for 3 years- additional costs | – 10-year license suspension- Ignition Interlock Breathalyzer System installed upon restoration |
| Driving with Suspended License – 1st offense | None | – $500- $250 DMV surcharge for 3 years | Additional license suspension up to 6 months |
| Driving with Suspended License – 2nd offense | 1 -5 days | – $750- $250 DMV surcharge for 3 years | – Additional license suspension up to 6 months- Suspension of registration privileges if crime occurred w/in 5 years of previous offense |
| Driving with Suspended License – 3rd offense | Mandatory 10 days | – $1000- $250 DMV surcharge for 3 years | – Additional license suspension tbd- Loss of registration privileges tbd |
| Driving with Suspended License – Accompanied by Aggravating Factors | Up to 6 months, depending on aggravating factors | – Up to $500- Possible DMV surcharge | – Loss of license for an additional period of time |
| Simple Assault | Up to 6 months | – Up to $1000- Additional costs | Probation |
| Minor Theft | Up to 6 months | – Up to $1000- Additional costs | – Restitution- Community service- Other discretionary penalties |
| Shoplifting | None | – Up to $1000- Additional costs | – Community service- Restitution- Other discretionary penalties |
| Criminal Mischief | Up to 6 months | – Up to $1000- Additional costs | – Restitution- 20 hours of community service if graffiti is involved- Other discretionary penalties |
| Disorderly Conduct | Up to 6 months | – Up to $1000- Additional costs | – Discretionary penalties |
| Harassment | Up to 6 months | – Up to $1000- Additional costs | – Discretionary penalties |
| Obstruction of Justice | Up to 6 months | – Up to $1000- Additional costs | – Discretionary penalties |
| Resisting Arrest | Up to 6 months | – Up to $1000- Additional costs | – Discretionary Penalties |
One standard penalty for all convictions in Municipal Court is a permanent criminal record. Convicted defendants will be permanently branded by a mark on their record indicating the crime for which they were arrested and convicted. Schools you are applying to, potential employers, law enforcement officials, and others can all look up this record. Needless to say, a Municipal Court crime conviction can have adverse effects on you and your future. This is arguably the most significant penalty one will face if convicted of a crime.
Fredrick P. Niemann Esq.
Municipal Court Judges have a great deal of discretion in punishing guilty defendants. Many times, punishment will be influenced by the Defense Attorney’s presentation of the client’s case. Qualified attorneys know what judges are looking for. It is also essential to have an experienced Municipal Court attorney who is familiar with New Jersey law and the penalties associated with it, as this often affects the approach one should take to the case, whether it be negotiating a plea deal with the prosecution or putting forward a defense at trial.
Please call Fredrick P. Niemann, Esq., a knowledgeable NJ Municipal Court Attorney today at (732) 863-9900 or email him at fniemann@hnlawfirm.com. He would be happy to discuss your matter with you.