Second-Degree Crimes in New Jersey: Sentences and When 85% Applies

Reviewed by William A. Proetta, Esq. · Updated October 2026

A second-degree crime in New Jersey carries 5 to 10 years in state prison and a fine of up to $150,000, under N.J.S.A. 2C:43-6(a)(2) and N.J.S.A. 2C:43-3. A conviction carries a presumption of imprisonment, but the 85% parole bar of the No Early Release Act applies only to the offenses the statute lists, not to every second-degree crime.

Second degree is the second most serious grade, below first degree and above third. It covers a wide spread of conduct: robbery without a weapon, aggravated assault causing serious bodily injury, theft of $75,000 or more, carrying a handgun without a permit and, since October 2024, burglary of a home. Whether a particular conviction means 85%, a Graves Act minimum or ordinary parole depends on the offense, not the grade. For how this grade fits with the others, see our guide to New Jersey’s degrees of crimes.

What Sentence Does a Second-Degree Crime Carry?

The old 7-year “presumptive” second-degree term no longer applies. State v. Natale, 184 N.J. 458 (2005), took away its binding force, and P.L.2025, c.328 deleted it from the statute in January 2026. The judge selects a term anywhere from 5 to 10 years by weighing the aggravating and mitigating factors in N.J.S.A. 2C:44-1(a) and (b).

Can a Second-Degree Conviction Avoid Prison?

It is difficult. Under 2C:44-1(d), the presumption of imprisonment covers every second-degree conviction. The judge may depart from it only if imprisonment “would be a serious injustice which overrides the need to deter such conduct by others.” The standard looks at the need to deter others, not only at the defendant’s own circumstances, which is why it is rarely satisfied.

There are three realistic routes to a shorter sentence or no prison term. (A judge can also impose a third-degree sentence on a second-degree conviction when clearly convinced that the mitigating factors substantially outweigh the aggravating ones, under N.J.S.A. 2C:44-1(d)(2), which P.L.2026, c.30 restored after a brief repeal in January 2026.)

1. The abuse mitigating factor. Since January 2026, if domestic violence or other substantial abuse of the defendant contributed to the offense, mitigating factor (15) applies and the second-degree range drops to 3 to 5 years under N.J.S.A. 2C:44-1(i). It does not apply to offenses requiring sex-offender registration.
2. A plea to an amended third-degree charge. This changes the conviction itself. For someone with no prior conviction of any offense, a third-degree conviction generally carries the opposite presumption, against imprisonment, under 2C:44-1(e). That presumption has its own exceptions.
3. Pretrial Intervention. Under N.J.S.A. 2C:43-12, a person charged with a second-degree crime can enter PTI only with the prosecutor’s consent and only after pleading guilty. On completion, the charges are dismissed.

Does the 85% Rule Apply to Every Second-Degree Crime?

No. The No Early Release Act, N.J.S.A. 2C:43-7.2, applies only to second-degree convictions for offenses on its list, plus attempts and conspiracies to commit them. For those, 85% of the sentence must be served before parole eligibility, followed by 3 years of parole supervision. Other second-degree crimes become parole-eligible after one-third of the term, less credits, unless another mandatory minimum applies (N.J.S.A. 30:4-123.51).

The NERA math at this grade:

Many older pages claim every second-degree conviction requires 85%. That is wrong. Our guide to the No Early Release Act and its list of offenses has the complete list.

How Does the Graves Act Apply to a Second-Degree Gun Charge?

Unlawful possession of a handgun without a permit is a second-degree crime under N.J.S.A. 2C:39-5(b)(1), and possession of a machine gun is second degree under 2C:39-5(a). Both are listed possession offenses under the Graves Act, N.J.S.A. 2C:43-6(c), which requires a minimum term without parole of one-half the sentence or 42 months, whichever is greater.

A second firearm offense exposes the defendant to an extended term of 10 to 20 years. A Graves Act charge is also one on which the prosecutor may seek pretrial detention (N.J.S.A. 2A:162-19(a)), as explained in our guide to pretrial release and detention.

What Crimes Are Second Degree in New Jersey?

Which Facts Push a Charge Up to Second Degree?

Most second-degree charges are a third-degree offense plus one added fact. The added fact is usually the focus of the defense, because disproving it moves the case down a grade and often out of the presumption of prison.

• Injury level. Aggravated assault with bodily injury from a deadly weapon is third degree. Serious bodily injury makes it second. Our article on what degree assault is in New Jersey walks through each level.
• Dollar value. Theft of more than $500 and less than $75,000 is third degree. At $75,000, it becomes second.
• The type of building. Burglary of a store or other non-residential structure is third degree. The same entry into a home is second degree since October 18, 2024.
• Risk to others. Eluding police is third degree. Eluding that creates a risk of death or injury is second.

The grade can also come down from above. An attempt to commit most first-degree crimes is graded second degree, and first-degree charges are often resolved by a plea to a second-degree offense. Our chapter on first-degree crimes covers those cases, and the chapter on third-degree crimes covers the grade below.

Can a Second-Degree Conviction Be Expunged?

Some can. Robbery and sexual assault are on the list of convictions that can never be expunged under N.J.S.A. 2C:52-2(b). Other second-degree convictions follow the indictable waiting period of 5 years from the latest of conviction, payment, completion of probation or parole, or release, or 4 years with compelling circumstances. See expungement eligibility and waiting periods.

Talk to Us About a Second-Degree Charge

At this grade, a single fact such as the injury level or the type of building can decide whether the presumption of prison applies. Call William Proetta Criminal Law at (201) 793-8018 for a free, confidential case review, or contact us.