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New Jersey Legislature enacts new sentencing law for victims of domestic violence
On January 20, 2026, during his final full day in office, Governor Murphy signed L.2025, c. 328, into law as part of the Survivors Justice Act (S4870). https://pub.njleg.state.nj.us/Bills/2024/ S5000/ 4870_S1.PDF
The new law establishes: 1) domestic violence as a mitigating factor in criminal sentencing, N.J.S.A. 2C:44-1(b)(15); 2) reduced sentencing; and 3) provides for resentencing for certain defendants who were victims of domestic violence or abuse when the crime was committed, and the domestic violence or abuse was a contributing factor in the commission of the crime.
New Mitigating Factor
Effective January 20, 2026, the law establishes an additional mitigating factor, N.J.S.A. 2C:44-1(b)(15), that a court may consider in determining the appropriate sentence to impose on a defendant. Under the new law, the court may consider whether a defendant who was convicted of an offense, other than murder or a crime for which the defendant would be required to register as a sex offender under Megan’s Law: (1) was a victim of domestic violence, or was otherwise subjected to substantial physical, sexual, or psychological abuse, and (2) whether the domestic violence or abuse was a contributing factor to the defendant’s conviction.
As amended, the bill provides that if the court finds that this mitigating factor applies, the court may impose a sentence as follows: (1) for a crime of the first degree, a term of at least five years but not more than 10 years; (2) for a crime of the second degree, a term of at least three years but not more than five years; (3) for a crime of the third degree, a term of not more than 18 months; (4) for a crime of the fourth degree, a term if not more than six months; and (5) for a non-indictable offense, a sentence of probation or conditional discharge.
The court may find that this new mitigating factor applies regardless of whether the defendant raised a defense that included the abuse.
Resentencing
Effective April 1, 2026, a defendant for whom the new mitigating factor would apply, but who was convicted prior to the date it became applicable, may be eligible for resentencing. Under the new law, a defendant is eligible to apply for resentencing if he is someone:
(1) who was convicted of a crime, other than murder or a crime for which the defendant would be required to register as a sex offender under Megan’s Law;
(2) who is incarcerated in a State correctional facility or county jail, or is otherwise under the custody or supervision of the New Jersey Department of Corrections;
(3) for whom the time for appeal has expired and no appeal is pending;
(4) who has not had their sentence suspended or been paroled or discharged;
(5) who was a victim of domestic violence as that term is defined in N.J.S.A. 2C:25-19(a)(d), or was otherwise subjected to substantial physical, sexual, or psychological abuse;
(6) for whom the domestic violence or abuse was a contributing factor to the defendant’s conviction; and
(7) who has not been resentenced or previously granted relief under the bill.
A defendant shall be eligible for resentencing under the bill, regardless of whether he the raised a defense that included the abuse, or entered a guilty plea prior to the original sentencing. Upon consideration of a petition filed by the defendant, the court may in its discretion, modify, reduce, or suspend the sentence, including any minimum or mandatory sentence or a portion of the sentence imposed upon the person.
Conclusion – Key Takeaways from the new Sentencing Law
The new law establishes: 1) domestic violence as a mitigating factor in criminal sentencing, N.J.S.A. 2C:44-1(b)(15); 2) reduced sentencing; and 3) provides for resentencing for certain defendants who were victims of domestic violence or abuse when the crime was committed, and the domestic violence or abuse was a contributing factor in the commission of the crime.
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