An attempted murder sentence in New Jersey runs 10 to 20 years in state prison, and the defendant must serve at least 85 percent of that term before becoming eligible for parole. New Jersey treats attempted murder as a first-degree crime, the same grade as a completed murder, so the sentence does not depend on whether the victim was seriously hurt or escaped injury entirely. After prison, a five-year period of parole supervision follows, and certain defendants face an extended term reaching life imprisonment.
The Standard Range: 10 to 20 Years
The ordinary sentencing range for a first-degree crime in New Jersey is 10 to 20 years in state prison.1Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime; Ordinary Terms; Mandatory Terms Most attempts in New Jersey are graded one degree below the completed offense, but attempted murder is the explicit exception: the statute keeps it at first-degree, matching murder itself.2Justia. New Jersey Code 2C:5-4 – Grading of Criminal Attempt and Conspiracy, Mitigation in Cases of Lesser Danger
Where a defendant lands inside that 10-to-20 window is up to the judge, who works through a statutory list of aggravating and mitigating factors and states the reasoning on the record.3New Jersey Courts. Manual on New Jersey Sentencing Law Aggravating factors that commonly push the sentence higher include the cruelty of the conduct, the vulnerability of the victim, a serious prior record, a likelihood of reoffending, the need for deterrence, and whether the victim was a law enforcement officer or other public official acting in an official capacity.4Justia. New Jersey Code 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment Mitigating factors that pull it lower include no prior record, strong provocation, a minor role in the offense, cooperation with law enforcement, and evidence that the defendant is unlikely to reoffend. Because attempted murder does not require that the victim actually suffered injury, courts may treat any injuries that did occur as an added aggravating consideration.
Probation instead of prison is not a realistic outcome. First-degree crimes carry a statutory presumption of imprisonment, and a judge can only avoid a prison sentence by finding that incarceration would be a “serious injustice” outweighing the public interest in deterrence.4Justia. New Jersey Code 2C:44-1 – Criteria for Withholding or Imposing Sentence of Imprisonment
What 85 Percent Means Under NERA
The number a judge announces in court is not the number a defendant serves. New Jersey’s No Early Release Act requires the court to set a parole-ineligibility period of 85 percent of the total sentence for attempted murder, and good-behavior credits or work-release cannot shave that down.5Justia. New Jersey Code 2C:43-7.2 – Mandatory Service of 85 Percent of Sentence for Certain Offenses The arithmetic:
- A 10-year sentence means at least 8.5 years before parole eligibility.
- A 15-year sentence means at least 12 years and 9 months.
- A 20-year sentence means at least 17 years.
Eligibility is not release. Once the 85 percent has been served, the person goes before the parole board, which can deny release if it finds the person still poses a risk. Some defendants serve the full sentence.
After the prison term ends, anyone sentenced under NERA for a first-degree crime is placed on five years of mandatory parole supervision.5Justia. New Jersey Code 2C:43-7.2 – Mandatory Service of 85 Percent of Sentence for Certain Offenses A violation during those five years can send the person back to prison to finish out the remaining time on the underlying sentence.
When the Range Jumps to 20 Years to Life
The 10-to-20 range is the ordinary term. Certain defendants face an extended term of 20 years to life imprisonment when the prosecutor moves for one and the court finds a qualifying criterion.6Justia. New Jersey Code 2C:43-7 – Sentence of Imprisonment for Crime; Extended Terms The most common triggers are:
- Persistent offender status, based on two or more prior convictions.
- Committing the crime as a significant source of livelihood.
- A prior conviction for a violent crime.
The NERA 85-percent rule still applies to an extended term. A life sentence under NERA translates into decades of incarceration before any parole hearing, which turns attempted murder into a functional life sentence for defendants who qualify.
Firearms and Stacked Charges
If a firearm was used or possessed during the offense, New Jersey’s Graves Act sets its own mandatory minimum of at least half the sentence or 42 months, whichever is greater.1Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime; Ordinary Terms; Mandatory Terms For attempted murder itself the NERA minimum will almost always be higher, so NERA controls. The Graves Act still matters when the defendant faces a separate weapons charge alongside the attempted murder count, because it applies independently to that weapons offense.
Attempted murder rarely stands alone on a charging sheet. Aggravated assault, weapons offenses, and other counts often accompany it, and whether those sentences run concurrently or consecutively is the judge’s call. New Jersey courts weigh whether the crimes were independent of each other, involved separate acts of violence, targeted multiple victims, or happened at different times and places, and the judge has to explain on the record why the total sentence is fair when terms are stacked.3New Jersey Courts. Manual on New Jersey Sentencing Law An attempted murder plus an aggravated assault on a second victim in the same incident is more likely to run consecutively than an assault charge that arose from the same single act.
Fines, Assessments, and Restitution
A conviction carries financial consequences on top of prison. The court may impose a fine of up to $200,000 for a first-degree crime.7Justia. New Jersey Code 2C:43-3 – Fines and Restitutions
Mandatory assessments sit on top of any fine. A crime of violence resulting in injury carries a Victims of Crime Compensation Board assessment between $100 and $10,000, and even without physical injury there is a $50 assessment per offense.3New Jersey Courts. Manual on New Jersey Sentencing Law The court has no authority to waive them.
Restitution is separate. If the victim suffered a loss and the defendant has the ability to pay now or in the future, the court must order restitution covering medical bills, therapy, lost income, and other expenses caused by the crime.8Justia. New Jersey Code 2C:44-2 – Criteria for Imposing Fines, Assessments, and Restitution The court sets the amount based on the defendant’s resources and likely future earnings. A restitution order does not block the victim from filing a civil lawsuit; any civil recovery is offset by restitution already paid.
Permanent Firearm Ban
Anyone convicted of homicide or an attempt to commit homicide in New Jersey is permanently barred from buying, owning, or possessing any firearm or ammunition. Violating that ban is itself a second-degree crime carrying a mandatory five-year prison term with no parole eligibility during that stretch.9Justia. New Jersey Code 2C:39-7 – Certain Persons Not to Have Weapons
Federal law adds its own layer. Under 18 U.S.C. ยง 922(g), anyone convicted of a crime punishable by more than one year in prison cannot possess firearms or ammunition anywhere in the country.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A federal prosecution for illegal possession carries an average sentence around six years, and defendants with three or more prior violent felony convictions face a 15-year mandatory minimum under the Armed Career Criminal Act.
The Narrow Renunciation Defense
One defense is specific to attempt charges. A defendant can avoid conviction by proving, by a preponderance of the evidence, that they voluntarily and completely abandoned the plan to kill and took steps to prevent the crime from happening.11Justia. New Jersey Code 2C:5-1 – Criminal Attempt The abandonment has to be voluntary, not driven by a rising risk of getting caught or by the plan becoming too difficult. It has to be complete, not a postponement or a switch to another victim. And where the defendant’s earlier conduct already set the crime in motion, simply stopping is not enough; affirmative steps to prevent the killing are required. In practice the defense rarely succeeds, because by the time the evidence supports an attempt charge, the conduct has usually gone too far to be walked back.