New jersey criminal charge
Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger in New jersey
Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger is a criminal offense under New jersey law, defined by N.J.S.A. 2C:5-4. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:5-4.
What is the penalty for grading of criminal attempt and conspiracy, mitigation in cases of lesser danger in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Attempt/conspiracy to commit crime of first degree (general rule) — When the underlying object crime is a crime of the first degree, except as otherwise provided in subsections c., d., and e.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Attempt/conspiracy to commit crime of first degree (general rule) — When the underlying object crime is a crime of the first degree, except as otherwise provided in subsections c., d., and e.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Attempt/conspiracy to commit murder or terrorism — When the object of the attempt or conspiracy is murder or terrorism.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Attempt/conspiracy to commit murder or terrorism — When the object of the attempt or conspiracy is murder or terrorism.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Attempt/conspiracy to commit crime other than first-degree, murder, or terrorism — Leader of organized crime attempt/conspiracy is specifically graded as a crime of the second degree, as an exception to the general same-degree rule.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Attempt/conspiracy to commit crime other than first-degree, murder, or terrorism — Leader of organized crime attempt/conspiracy is specifically graded as a crime of the second degree, as an exception to the general same-degree rule.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Conspiracy to commit arson-related crime targeting a place of worship — When the conspiracy is to commit certain arson offenses under N.J.S.2C:17-1(a),(b), or (d) and the targeted structure was a place of worship.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Conspiracy to commit arson-related crime targeting a place of worship — When the conspiracy is to commit certain arson offenses under N.J.S.2C:17-1(a),(b), or (d) and the targeted structure was a place of worship.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Conspiracy to commit human trafficking — When the conspiracy is to commit human trafficking under C.2C:13-8.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Conspiracy to commit human trafficking — When the conspiracy is to commit human trafficking under C.2C:13-8.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is grading of criminal attempt and conspiracy, mitigation in cases of lesser danger classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt/conspiracy to commit crime of first degree (general rule) | crime of the second degree | When the underlying object crime is a crime of the first degree, except as otherwise provided in subsections c., d., and e. | N.J.S.A. 2C:5-4undefined |
| Attempt/conspiracy to commit murder or terrorism | crime of the first degree | When the object of the attempt or conspiracy is murder or terrorism. | N.J.S.A. 2C:5-4undefined |
| Attempt/conspiracy to commit crime other than first-degree, murder, or terrorism | crime of the second degree | Leader of organized crime attempt/conspiracy is specifically graded as a crime of the second degree, as an exception to the general same-degree rule. | N.J.S.A. 2C:5-4undefined |
| Conspiracy to commit arson-related crime targeting a place of worship | crime of the first degree | When the conspiracy is to commit certain arson offenses under N.J.S.2C:17-1(a),(b), or (d) and the targeted structure was a place of worship. | N.J.S.A. 2C:5-4undefined |
| Conspiracy to commit human trafficking | crime of the first degree | When the conspiracy is to commit human trafficking under C.2C:13-8. | N.J.S.A. 2C:5-4undefined |
Common questions about grading of criminal attempt and conspiracy, mitigation in cases of lesser danger in New jersey
What degree of offense is grading of criminal attempt and conspiracy, mitigation in cases of lesser danger in New Jersey?
It depends on the circumstances: grading of criminal attempt and conspiracy, mitigation in cases of lesser danger ranges from a crime of the second degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:5-4.
Attempt/conspiracy to commit crime of first degree (general rule): crime of the second degree (N.J.S.A. 2C:5-4undefined) · Attempt/conspiracy to commit murder or terrorism: crime of the first degree (N.J.S.A. 2C:5-4undefined) · Attempt/conspiracy to commit crime other than first-degree, murder, or terrorism: crime of the second degree (N.J.S.A. 2C:5-4undefined) · Conspiracy to commit arson-related crime targeting a place of worship: crime of the first degree (N.J.S.A. 2C:5-4undefined) · Conspiracy to commit human trafficking: crime of the first degree (N.J.S.A. 2C:5-4undefined)
What are the penalties for grading of criminal attempt and conspiracy, mitigation in cases of lesser danger in New Jersey?
Penalties for grading of criminal attempt and conspiracy, mitigation in cases of lesser danger in New Jersey depend on how it is classified — from a crime of the second degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers grading of criminal attempt and conspiracy, mitigation in cases of lesser danger?
Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger is governed by N.J.S.A. 2C:5-4 (Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.