N.J. Stat. » Title 2C — THE NEW JERSEY CODE OF CRIMINAL JUSTICE
New Jersey Statutes

N.J. Stat. § 2C:43-6 (2026)

Sentence of imprisonment for crime; ordinary terms; mandatory terms

✓ current as of May 2026
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2C:43-6. a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced to imprisonment, as follows:

(1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

b. As part of a sentence for any crime, where the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of 2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a., or one-half of the term set pursuant to a maximum period of incarceration for a crime set forth in any statute other than this code, during which the defendant shall not be eligible for parole; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole.

c. A person who has been convicted under subsection b. or d. of N.J.S.2C:39-3, subsection a. of N.J.S.2C:39-4, subsection a. of section 1 of P.L.1998, c.26 (C.2C:39-4.1), subsection a., b., c., or f. of N.J.S.2C:39-5, subsection a. or paragraph (2) or (3) of subsection b. of section 6 of P.L.1979, c.179 (C.2C:39-7), or subsection a., b., e. or g. of N.J.S.2C:39-9, or of a crime under any of the following sections: N.J.S.2C:11-3, N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:29-5, section 1 of P.L.2024, c.83 (C.2C:18-2.1), or section 2 of P.L.2024, c.83 (C.2C:18-2.2), who, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a firearm as defined in subsection f. of N.J.S.2C:39-1, shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

The minimum terms established by this section shall not prevent the court from imposing presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1 except in cases of crimes of the fourth degree.

A person who has been convicted of an offense enumerated by this subsection and who used or possessed a firearm during its commission, attempted commission or flight therefrom and who has been previously convicted of an offense involving the use or possession of a firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the court to an extended term as authorized by subsection c. of N.J.S. 2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court.

d. (1) The court shall not impose a mandatory sentence pursuant to subsection c. of this section, subsection c. of N.J.S.2C:43-7 or subsection d. of N.J.S.2C:44-3, unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the weapon used or possessed was a firearm. In making its finding, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

(2) The court shall not impose a mandatory sentence pursuant to subsection c. of this section for a violation of paragraph (2) of subsection b. of N.J.S.2C:39-5; a violation of paragraph (2) of subsection c. of N.J.S.2C:39-5, if that rifle or shotgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person; or a violation of paragraph (1) of subsection c. of N.J.S.2C:39-5.

e. A person convicted of a third or subsequent offense involving State taxes under N.J.S.2C:20-9, N.J.S.2C:21-15, any other provision of this code, or under any of the provisions of Title 54 of the Revised Statutes, or Title 54A of the New Jersey Statutes, as amended and supplemented, shall be sentenced to a term of imprisonment by the court. This shall not preclude an application for and imposition of an extended term of imprisonment under N.J.S.2C:44-3 if the provisions of that section are applicable to the offender.

f. A person convicted of manufacturing, distributing, dispensing or possessing with intent to distribute any dangerous substance or controlled substance analog under N.J.S.2C:35-5, of maintaining or operating a controlled dangerous substance production facility under N.J.S.2C:35-4, of employing a juvenile in a drug distribution scheme under N.J.S.2C:35-6, leader of a narcotics trafficking network under N.J.S.2C:35-3, or of distributing, dispensing or possessing with intent to distribute on or near school property or buses under section 1 of P.L.1987, c.101 (C.2C:35-7), who has been previously convicted of manufacturing, distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog, shall upon application of the prosecuting attorney be sentenced by the court to an extended term as authorized by subsection c. of N.J.S.2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court. The term of imprisonment shall, except as may be provided in N.J.S.2C:35-12, include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, not less than seven years if the person is convicted of a violation of N.J.S.2C:35-6, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

The court shall not impose an extended term pursuant to this subsection unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish the ground therefor by a preponderance of the evidence. In making its finding, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

For the purpose of this subsection, a previous conviction exists where the actor has at any time been convicted under chapter 35 of this title or Title 24 of the Revised Statutes or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, N.J.S.2C:35-6, or section 1 of P.L.1987, c.101 (C.2C:35-7).

g. Any person who has been convicted under subsection a. of N.J.S.2C:39-4 or of a crime under any of the following sections: N.J.S.2C:11-3, N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S.2C:29-5, N.J.S.2C:35-5, section 1 of P.L.2024, c.83 (C.2C:18-2.1), or section 2 of P.L.2024, c.83 (C.2C:18-2.2), who, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a machine gun or assault firearm shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at 10 years for a crime of the first or second degree, five years for a crime of the third degree, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

The minimum terms established by this section shall not prevent the court from imposing presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1 for crimes of the first degree.

A person who has been convicted of an offense enumerated in this subsection and who used or possessed a machine gun or assault firearm during its commission, attempted commission or flight therefrom and who has been previously convicted of an offense involving the use or possession of any firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the court to an extended term as authorized by subsection d. of N.J.S.2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court.

h. The court shall not impose a mandatory sentence pursuant to subsection g. of this section, subsection d. of N.J.S.2C:43-7 or N.J.S.2C:44-3, unless the ground therefor has been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the weapon used or possessed was a machine gun or assault firearm. In making its finding, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

i. A person who has been convicted under paragraph (6) of subsection b. of 2C:12-1 of causing bodily injury while eluding shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between one-third and one-half of the sentence imposed by the court. The minimum term established by this subsection shall not prevent the court from imposing a presumptive term of imprisonment pursuant to paragraph (1) of subsection f. of 2C:44-1.

Notes of Decisions
Cited in 635 cases (346 in the last 5 years), 1982–2026 · leading case: State v. Kiriakakis, 196 A.3d 563 (N.J. 2018).
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State v. Kiriakakis, 196 A.3d 563 (N.J. 2018). · cites it 30× “For a second-degree crime, the court may impose a prison term within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period of parole ineligibility not to exceed one-half of the term set, provided "the court is clearly **425 convinced that the aggravating…”
State v. Kareem T. Tillery (079832) (Essex Cnty. & Statewide), 209 A.3d 866 (N.J. 2019). · cites it 4× “The court sentenced defendant to an extended term of twenty years’ incarceration, with ten years’ parole ineligibility pursuant to the Graves Ac t, N.J.S.A. 2C:43-6, on his conviction of second-degree unlawful possession of a weapon.”
State of New Jersey v. Kashif K. Patterson, 89 A.3d 616 (N.J. Super. Ct. App. Div. 2014). · cites it 6× “The Legislature has never amended Subsection 6(f) to add the public facility offense to the list of offenses eligible for a mandatory extended term, even though the Legislature has twice amended N.J.S.A. 2C:43-6 since 1997. See State v.”
State v. Rene M. Rodriguez (081046) (Camden Cnty. & Statewide), 207 A.3d 1269 (N.J. 2019). · cites it 3× “In that case, nothing precludes the sentencing judge from imposing a discretionary period of parole ineligibility if "the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors.”
Rountree v. Balicki, 640 F.3d 530 (3rd Cir. 2011). · cites it 4× “See N.J. Stat. Ann. §§ 2C:43-6(c), (d), (g), (h), 2C:44-3(d).”
State v. James W. Robinson (070556), 92 A.3d 656 (N.J. 2014). · cites it 2× “2C:43-6(c); the imposition of a mandatory extended term of imprisonment for certain crimes within specified permissible ranges, N.J.S.A. 2C:43-7(a); a presumption of imprisonment for all first and second degree offenses, N.”
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018). · cites it 2× “N.J.S.A. 2C:43-6(a)(2). The maximum period of parole ineligibility is one-half of the prison term.”
State v. Kassey Benjamin(076612), 157 A.3d 427 (N.J. 2017). · cites it 2× “113, § 2 (codified at N.J.S.A. 2C:43-6). 4 waiver” in defendant’s case.”
State v. Hester, 186 A.3d 236 (N.J. 2018). · cites it 2× “See N.J.S.A. 2C:43-6(a)(3) ; N.J.S.A. 2C:43-6.”
State v. William A. Case, Jr. (072688), 103 A.3d 237 (N.J. 2014). “See N.J.S.A 2C:43-6(b). We further note that the sentences imposed on the luring and endangering convictions are internally inconsistent.”
Commonwealth v. Wright, 494 A.2d 354 (Pa. 1985). · cites it 2× “N.J.S.A. 2C:43-6 d. [4] Cf. Commonwealth v.”
State v. Chisum, 200 A.3d 1279 (N.J. 2019). “He averred that it is possible that the CAD report may have been inaccurate because information is not always recorded contemporaneously.”
Show all 635 citing cases →
— N.J. Stat. § 2C:43-6(1) — 3 cases
State of New Jersey Vs. Stephen E. Mullins, Jr. (12-08-0804 & 13-01-0044, Cumberland Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey v. Norman Pinkney (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Rodney Smiley (N.J. Super. Ct. App. Div. 2025).
— N.J. Stat. § 2C:43-6(2) — 1 case
State of New Jersey Vs. James a. Stuart (13-09-0949, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:43-6(3) — 1 case
State v. L.V., 979 A.2d 821 (N.J. Super. Ct. App. Div. 2009).
— N.J. Stat. § 2C:43-6(B) — 1 case
State v. Gregg, 650 A.2d 835 (N.J. Super. Ct. App. Div. 1994).
— N.J. Stat. § 2C:43-6(a) — 29 cases
State v. James W. Robinson (070556), 92 A.3d 656 (N.J. 2014). “2C:43-6(c); the imposition of a mandatory extended term of imprisonment for certain crimes within specified permissible ranges, N.J.S.A. 2C:43-7(a); a presumption of imprisonment for all first and second degree offenses, N.”
State v. Rodriguez, 185 A.3d 221 (N.J. Super. Ct. App. Div. 2018).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
— N.J. Stat. § 2C:43-6(a)(1) — 46 cases
Baker v. State, 790 A.2d 629 (Md. 2002).
United States v. Julio Aviles, Sr., 938 F.3d 503 (3rd Cir. 2019).
State of New Jersey v. Jerome L. Faucette, 108 A.3d 2 (N.J. Super. Ct. App. Div. 2015).
United States v. Kasey, 62 F. App'x 469 (4th Cir. 2003).
State of New Jersey Vs. Aquil Malik (15-04-0289, Morris Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2018).
— N.J. Stat. § 2C:43-6(a)(2) — 83 cases
State v. Kiriakakis, 196 A.3d 563 (N.J. 2018). “For a second-degree crime, the court may impose a prison term within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period of parole ineligibility not to exceed one-half of the term set, provided "the court is clearly **425 convinced that the aggravating…”
State v. Kareem T. Tillery (079832) (Essex Cnty. & Statewide), 209 A.3d 866 (N.J. 2019). “The court sentenced defendant to an extended term of twenty years’ incarceration, with ten years’ parole ineligibility pursuant to the Graves Ac t, N.J.S.A. 2C:43-6, on his conviction of second-degree unlawful possession of a weapon.”
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018). “N.J.S.A. 2C:43-6(a)(2). The maximum period of parole ineligibility is one-half of the prison term.”
State v. Terrence Miller (068558), 76 A.3d 1250 (N.J. 2013).
State v. McIntyre-Caulfield, 187 A.3d 171 (N.J. Super. Ct. App. Div. 2018).
— N.J. Stat. § 2C:43-6(a)(3) — 53 cases
State v. Hester, 186 A.3d 236 (N.J. 2018). “See N.J.S.A. 2C:43-6(a)(3) ; N.J.S.A. 2C:43-6.”
United States v. Elliot Johnson, 246 F.3d 330 (4th Cir. 2001).
United States v. Ishmael Abdullah, 905 F.3d 739 (3rd Cir. 2018).
Luthe v. City of Cape May, 49 F. Supp. 2d 380 (D.N.J. 1999).
In re Wheeler, 871 A.2d 476 (D.C. 2005).
— N.J. Stat. § 2C:43-6(a)(4) — 19 cases
State v. Hester, 186 A.3d 236 (N.J. 2018). “See N.J.S.A. 2C:43-6(a)(3) ; N.J.S.A. 2C:43-6.”
State of New Jersey v. Isaac A. Young, 152 A.3d 955 (N.J. Super. Ct. App. Div. 2017).
State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016).
State v. Rodriguez, 185 A.3d 221 (N.J. Super. Ct. App. Div. 2018).
State of New Jersey v. Gregory Q. Green (N.J. Super. Ct. App. Div. 2024).
— N.J. Stat. § 2C:43-6(b) — 49 cases
State v. Kiriakakis, 196 A.3d 563 (N.J. 2018). “For a second-degree crime, the court may impose a prison term within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period of parole ineligibility not to exceed one-half of the term set, provided "the court is clearly **425 convinced that the aggravating…”
State v. William A. Case, Jr. (072688), 103 A.3d 237 (N.J. 2014). “See N.J.S.A 2C:43-6(b). We further note that the sentences imposed on the luring and endangering convictions are internally inconsistent.”
State v. A.T.C., 185 A.3d 233 (N.J. Super. Ct. App. Div. 2018). “N.J.S.A. 2C:43-6(a)(2). The maximum period of parole ineligibility is one-half of the prison term.”
State v. Rene M. Rodriguez (081046) (Camden Cnty. & Statewide), 207 A.3d 1269 (N.J. 2019). “In that case, nothing precludes the sentencing judge from imposing a discretionary period of parole ineligibility if "the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors.”
Booker v. New Jersey State Parole Bd., 642 A.2d 984 (N.J. 1994).
— N.J. Stat. § 2C:43-6(c) — 297 cases
Rountree v. Balicki, 640 F.3d 530 (3rd Cir. 2011). “See N.J. Stat. Ann. §§ 2C:43-6(c), (d), (g), (h), 2C:44-3(d).”
State v. Rene M. Rodriguez (081046) (Camden Cnty. & Statewide), 207 A.3d 1269 (N.J. 2019). “In that case, nothing precludes the sentencing judge from imposing a discretionary period of parole ineligibility if "the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors.”
State v. Chisum, 200 A.3d 1279 (N.J. 2019). “He averred that it is possible that the CAD report may have been inaccurate because information is not always recorded contemporaneously.”
State v. Herbert, 201 A.3d 691 (N.J. Super. Ct. App. Div. 2019).
State of New Jersey v. Antwain T. Waters, 107 A.3d 693 (N.J. Super. Ct. App. Div. 2015).
— N.J. Stat. § 2C:43-6(d) — 4 cases
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State v. Jamel Carlton (N.J. 2025).
— N.J. Stat. § 2C:43-6(d)(1) — 1 case
State of New Jersey Vs. Kadeem I. Charles (15-01-0065, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:43-6(d)(2) — 1 case
State v. Zaire J. Cromedy (N.J. 2025).
— N.J. Stat. § 2C:43-6(f) — 76 cases
State of New Jersey v. Kashif K. Patterson, 89 A.3d 616 (N.J. Super. Ct. App. Div. 2014). “The Legislature has never amended Subsection 6(f) to add the public facility offense to the list of offenses eligible for a mandatory extended term, even though the Legislature has twice amended N.J.S.A. 2C:43-6 since 1997. See State v.”
State v. Brimage, 706 A.2d 1096 (N.J. 1998).
State v. James W. Robinson (070556), 92 A.3d 656 (N.J. 2014). “2C:43-6(c); the imposition of a mandatory extended term of imprisonment for certain crimes within specified permissible ranges, N.J.S.A. 2C:43-7(a); a presumption of imprisonment for all first and second degree offenses, N.”
State v. Kassey Benjamin(076612), 157 A.3d 427 (N.J. 2017). “113, § 2 (codified at N.J.S.A. 2C:43-6). 4 waiver” in defendant’s case.”
State of New Jersey v. Edward Holland, 158 A.3d 597 (N.J. Super. Ct. App. Div. 2017).
— N.J. Stat. § 2C:43-6(g) — 2 cases
State of New Jersey Vs. William Stovall (91-12-1439, Mercer Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey v. Alex Torres State of New Jersey v. Osvaldo Correa-martinez (17-01-0045, Passaic Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2022).
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