First-Degree Crimes in New Jersey: Prison Range, NERA and Examples

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

A first-degree crime in New Jersey carries an ordinary prison term of 10 to 20 years and a fine of up to $200,000, under N.J.S.A. 2C:43-6(a)(1) and N.J.S.A. 2C:43-3. It is the most serious of the four degrees, and a conviction carries a presumption of imprisonment, which is strong but is not the same as a guaranteed prison term.

Several first-degree offenses are sentenced outside that range. Murder carries 30 years without parole or 30 years to life, carjacking 10 to 30 years and kidnapping 15 to 30 years. Many first-degree offenses also fall under the No Early Release Act, which requires 85% of the sentence to be served before parole. This chapter covers sentencing, parole, detention, diversion and examples at this grade. Our overview of New Jersey’s degrees of crimes compares every grade side by side.

What Is the Sentence for a First-Degree Crime?

The judge fixes a specific term inside the range for the offense. The table shows the ordinary range and the parole rule that applies.

Offense	Ordinary term	Parole rule
Most 1st-degree crimes	10–20 years	Eligible after one-third, less credits, unless NERA or the Graves Act applies
NERA-listed 1st-degree crimes	10–20 years	85% before eligibility, then 5 years of parole supervision
Murder (N.J.S.A. 2C:11-3)	30 years without parole, or 30 years to life	At least 30 years before parole
Carjacking (N.J.S.A. 2C:15-2)	10–30 years	At least 5 years without parole
Kidnapping (N.J.S.A. 2C:13-1(c)(1))	15–30 years	85% before eligibility (NERA-listed)
Kidnapping of a victim under 16 with an aggravating circumstance, (c)(2)	25 years without parole, or 25 years to life	At least 25 years before parole
Aggravated sexual assault of a child under 13 (N.J.S.A. 2C:14-2(a)(1))	25 years to life	25 years before parole; a plea offer may be no less than 15 years without parole
Extended term, other 1st-degree crimes (N.J.S.A. 2C:43-7)	20 years to life	Depends on the sentence and any minimum

Murder with certain aggravating facts carries life without parole, including the killing of a law enforcement officer on duty and murder with a jury-found aggravating factor, such as a victim younger than 14.

The old 15-year “presumptive” term for first-degree crimes no longer applies. State v. Natale, 184 N.J. 458 (2005), eliminated presumptive terms, and P.L.2025, c.328 deleted the presumptive-term text in January 2026, so the judge weighs the aggravating and mitigating factors across the whole 10-to-20-year range.

Is Prison Mandatory for a First-Degree Conviction?

The degree alone does not make prison mandatory. Under N.J.S.A. 2C:44-1(d), anyone convicted of a first-degree crime faces a presumption of imprisonment. The presumption gives way only if imprisonment “would be a serious injustice which overrides the need to deter such conduct by others.” That standard is rarely met.

A judge can also sentence a first-degree conviction in the second-degree range when clearly convinced that the mitigating factors substantially outweigh the aggravating ones and the interest of justice demands it (N.J.S.A. 2C:44-1(d)(2)). P.L.2025, c.328 briefly removed that power in January 2026, and P.L.2026, c.30 restored it, retroactively, in July 2026. A lower range is also possible through a negotiated plea to an amended second-degree charge, or, where domestic violence or other substantial abuse of the defendant contributed to the offense, the reduced first-degree range of 5 to 10 years under N.J.S.A. 2C:44-1(i). That abuse factor does not apply to murder or to offenses requiring sex-offender registration.

True mandatory minimums come from specific statutes, not from the grade: NERA, the Graves Act, and the special terms for murder and carjacking.

How Does NERA Change a First-Degree Sentence?

Under N.J.S.A. 2C:43-7.2, a person convicted of a listed first-degree crime, or an attempt or conspiracy to commit one, must serve 85% of the sentence before becoming eligible for parole. After release, 5 years of parole supervision follow. The list includes murder, aggravated manslaughter, kidnapping, aggravated sexual assault, robbery, carjacking, aggravated arson, terrorism and, since P.L.2024, c.83, home invasion burglary.

Sentence imposed	Minimum before parole (85%)	Parole supervision after release
10 years	8 years, 6 months	5 years
15 years	12 years, 9 months	5 years
20 years	17 years	5 years

Commutation and work credits cannot reduce a mandatory minimum. Our guide to the No Early Release Act lists every covered offense and works through the math.

When Does Parole Eligibility Begin Without NERA?

For a first-degree crime that is not on the NERA list and has no other mandatory minimum, parole eligibility comes after one-third of the sentence, reduced by commutation and work credits (N.J.S.A. 30:4-123.51). On a 12-year term, that is 4 years before credits. When a mandatory minimum applies, eligibility starts only after the minimum is served.

A Graves Act case follows its own rule. Where a listed first-degree crime, such as robbery, kidnapping or home invasion burglary, was committed while using or possessing a firearm, the minimum is one-half of the sentence or 42 months, whichever is greater (N.J.S.A. 2C:43-6(c)). Parole eligibility means the Parole Board may consider release. It does not guarantee release on that date.

What Crimes Are First Degree in New Jersey?

Offense	Statute	What makes it first degree
Murder	2C:11-3	Graded first degree, with its own sentencing range
Aggravated sexual assault	2C:14-2(a)	Graded first degree under subsection (a)
Armed robbery	2C:15-1(b)	Attempting to kill, purposely inflicting or attempting serious bodily injury, or being armed with, using or threatening a deadly weapon
Carjacking	2C:15-2	Graded first degree in all cases
Kidnapping	2C:13-1(c)	First degree unless the victim is released unharmed in a safe place before apprehension, which makes it second degree
Home invasion burglary	N.J.S.A. 2C:18-2.1	Entering a residence to commit an offense and causing, attempting or threatening bodily injury, or being armed with or displaying a deadly weapon or apparent explosives
Attempted or conspired murder or terrorism	N.J.S.A. 2C:5-4(a)	Kept at first degree by statute
Human-trafficking conspiracy	2C:5-4(a)	Kept at first degree by statute

Home invasion burglary is new. P.L.2024, c.83 created it effective October 18, 2024, and placed it on both the NERA and Graves Act lists. Before that date, many of the same home burglaries were charged as second or third degree. A home burglary without injury, threat or weapon is now residential burglary, covered in our chapter on second-degree crimes.

Is an Attempt to Commit a First-Degree Crime Also First Degree?

Generally not. Attempt and conspiracy normally take the degree of the crime attempted, but 2C:5-4(a) makes an attempt or conspiracy to commit a first-degree crime a second-degree crime.

Murder and terrorism are the exceptions. An attempt or conspiracy to commit either stays first degree, and where there were 5 or more intended victims, the term is 30 years to life with 30 years before parole. A NERA-listed attempt still triggers the 85% rule.

Will I Be Held in Jail Before Trial on a First-Degree Charge?

Possibly. Under the Criminal Justice Reform Act, the prosecutor may move for pretrial detention on NERA-listed first-degree crimes, crimes carrying a life term and Graves Act crimes, and on any other crime where the prosecutor believes there is a serious risk of non-appearance, danger or obstruction, so every first-degree charge can draw a motion (N.J.S.A. 2A:162-19(a)). For murder and any crime carrying a life sentence, there is a rebuttable presumption of detention (2A:162-19(b)).

A detained defendant has speedy-trial protection under N.J.S.A. 2A:162-22:

• 90 days to indictment, excluding excludable time, which the court may extend by up to 45 days.
• 180 days from indictment to trial.
• 2 years from the detention order, excluding delay the defendant caused, after which release follows if the prosecutor is not ready for trial.

Our guide to pretrial release and detention in New Jersey explains the risk assessment and the detention hearing.

Can a First-Degree Charge Go to Pretrial Intervention?

Rarely, but the statute does not bar it. Every PTI admission requires the prosecutor’s consent and the program director’s recommendation (N.J.S.A. 2C:43-12). A person charged with a first-degree crime may be admitted only after entering a guilty plea. If the program is completed, the charges are dismissed. PTI is available only once, and prior diversion such as a conditional discharge makes a person ineligible.

Can a First-Degree Conviction Be Expunged?

Often not. N.J.S.A. 2C:52-2(b) bars expungement of criminal homicide (with listed exceptions), kidnapping, aggravated sexual assault and sexual assault, robbery, arson and terrorism, among others. Other first-degree convictions follow the general indictable path of 5 years, or 4 with compelling circumstances. Our page on expungement waiting periods by outcome covers the timing.

First-Degree Crime FAQs

Is first degree the most serious crime in New Jersey?

Yes. First degree is the highest of the four degrees, with an ordinary range of 10 to 20 years and a fine of up to $200,000.

Is murder a first-degree crime in New Jersey?

Murder is graded first degree, but it has its own sentence: 30 years without parole, or 30 years to life with 30 years before parole. Certain murders carry life without parole.

Do all first-degree convictions require 85% before parole?

No. NERA’s 85% rule applies only to the offenses listed in N.J.S.A. 2C:43-7.2(d). Unlisted first-degree crimes follow the general one-third rule unless another mandatory minimum applies.

Can you get probation for a first-degree crime?

Only if the judge finds prison “would be a serious injustice which overrides the need to deter such conduct by others,” a high standard. A judge may also sentence one degree lower when the mitigating factors substantially outweigh the aggravating ones (N.J.S.A. 2C:44-1(d)(2)), and relief often comes through a plea to an amended charge.

How long before parole on a 20-year NERA sentence?

85% of 20 years is 17 years, which credits cannot reduce. Five years of parole supervision follow release.

Talk to Us About a First-Degree Charge

At this grade, the charge, the NERA list and the detention decision shape the case from the first week. Call William Proetta Criminal Law at (201) 793-8018 for a free, confidential case review, or contact us.