Restitution and Fines in New Jersey Criminal Cases
Wayne NJ Criminal Defense Sentencing Lawyer
Alissa D. Hascup represents clients throughout New Jersey, including Clifton, Wayne, Totowa, and Paterson, who have been charged with serious criminal offenses such as harassment, simple assault, robbery, and possession of a weapon for an unlawful purpose.
Ms. Hascup is a knowledgeable criminal defense attorney who has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former special deputy attorney general and domestic violence prosecutor. During her career with the Morris County Prosecutor’s Office, Ms. Hascup prosecuted a host of cases including homicide (murder), aggravated assault, burglary and resisting arrest. Now she is fighting for you.
If you have charges pending, or if you have pleaded guilty to or been found guilty of a domestic violence related crime and are awaiting sentencing, the consequences can be severe. It is important for you to have an experienced attorney represent you at all stages of the process and fight for the best possible result. Contact the Law Office of Alissa Hascup, LLC anytime for an initial consultation, which is always provided free of charge.
Restitution & Fines in New Jersey: N.J.S.A. 2C:43-3 & 2C:44-2
N.J.S.A. 2C:43-3 sets forth that:
A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, not to exceed:
- $200,000 when the conviction is a crime of the first degree;
- $150,000 when the conviction is a crime of the second degree;
- $15,000 when the conviction is a crime of the third degree;
- $10,000 when the conviction is a crime of the fourth degree;
- $1,000 when the conviction is of a disorderly persons offense;
- $500 when the conviction is of a petty disorderly persons offense.
N.J.S.A. 2C:44-2 sets forth that:
a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if:
- The defendant derived a pecuniary (monetary) gain from the offense or the court is of the opinion that a fine will deter future criminal conduct;
- The defendant is able to pay the fine; and
- The fine will not prevent the defendant from making restitution to the victim of the offense.
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation if:
- The victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and
- The defendant is able to pay the restitution.
When there is a good faith dispute over the amount of restitution or the defendant’s ability to pay, the court (as a matter of due process) must hold a hearing on the issue.
Contact a Paterson NJ Criminal Defense Attorney for Answers
If you find yourself in a situation where you or a loved one have been charged with a criminal offense as a result of a domestic violence or other related incident and fines or restitution may be an issue, contact a lawyer immediately. Often times, restitution and fines can be negotiated. Alissa D. Hascup understands the importance of attacking the State’s case and limiting your exposure to the greatest extent possible. She is prepared to use her extensive experience and knowledge of the law to your advantage. Call or email the Law Office of Alissa Hascup, LLC anytime for your free initial consultation.