- posted: Mar. 18, 2026
Background
In January 2026, New Jersey passed into law S4870, a bill that adds an additional mitigating factor courts can now consider when determining a defendant’s sentence after a conviction or guilty plea.
For years, judges were allowed to consider fourteen factors before sentencing a convicted defendant. These included factors such as the defendant’s willingness to cooperate with police, the defendant’s likelihood to respond well to treatment, and the defendant’s age.
EBM Law has worked with these factors for decades and knows how to apply them to each individual client to obtain the best possible outcome during sentencing.
This fifteenth mitigating factor now adds another means by which defendants can provide courts with context surrounding their crimes and show that certain crimes do not reflect their character and personal history. EBM Law frequently handles criminal sentencings and understands how this new law may affect our clients.
The Law and How it Affects Your Case
For sentencings after January 20, 2026, courts can now consider the following as a mitigating factor (N.J.S.A. 2C:44-1(b)(15)):
For offenses other than murder or crimes for which the defendant would have to register as a sex offender, whether the defendant is a victim of domestic violence, physical, sexual, or psychological abuse that contributed to the defendant’s conviction.
Courts can consider abuse whether or not the defendant raised the abuse as a defense at trial. To determine whether or not the defendant was a victim of domestic violence, courts can consider all evidence, including past court proceedings.
This means that defendants convicted of crimes other than murder or those requiring them to register as sex offenders who were victims of domestic violence can now have courts consider their past abuse as a mitigating factor at sentencing.
This new mitigating factor will also apply to convictions already sentenced. Beginning on April 1, 2026, those convicted of crimes who the new mitigating factor would have applied to at sentencing can now file petitions for resentencing to have judges consider their past histories with domestic violence.
If courts find that this mitigating factor applies, they may reduce a defendant’s sentence as follows:
- For a third degree crime: a term less than 18 months
- For a second degree crime: a term of three to five years
- For a first degree crime: a term of five to ten years
In addition, S4870 eliminates the “stepdown” measure included in N.J.S.A. 2C:44-1(f)(2). Previously, when courts found that mitigating sentencing factors outweighed aggravating factors, defendants could be eligible for a reduced sentence associated with a crime of a degree one lower than the crime of which the defendant was convicted.
Now, defendants who are not victims of domestic violence will not qualify for reduced sentences under these circumstances.
EBM Law’s Experience
EBM Law has significant expertise in New Jersey criminal sentencing law. For each conviction, our offices write a detailed sentencing brief providing the court with a comprehensive picture of the defendant, including their family obligations, employment, health, and psychological/substance abuse treatment history when applicable.
EBM Law serves as a fierce advocate for all defendants from the beginning of their cases to sentencing and understands how new laws such as S4870 affect our clients’ cases.
If you have any questions about S4870, sentencing law in New Jersey, or any New Jersey criminal matter, contact our offices to schedule a complimentary consultation at (732) 249-9933.
- posted: Mar. 18, 2026
Background
In January 2026, New Jersey passed into law S4870, a bill that adds an additional mitigating factor courts can now consider when determining a defendant’s sentence after a conviction or guilty plea.
For years, judges were allowed to consider fourteen factors before sentencing a convicted defendant. These included factors such as the defendant’s willingness to cooperate with police, the defendant’s likelihood to respond well to treatment, and the defendant’s age.
EBM Law has worked with these factors for decades and knows how to apply them to each individual client to obtain the best possible outcome during sentencing.
This fifteenth mitigating factor now adds another means by which defendants can provide courts with context surrounding their crimes and show that certain crimes do not reflect their character and personal history. EBM Law frequently handles criminal sentencings and understands how this new law may affect our clients.
The Law and How it Affects Your Case
For sentencings after January 20, 2026, courts can now consider the following as a mitigating factor (N.J.S.A. 2C:44-1(b)(15)):
For offenses other than murder or crimes for which the defendant would have to register as a sex offender, whether the defendant is a victim of domestic violence, physical, sexual, or psychological abuse that contributed to the defendant’s conviction.
Courts can consider abuse whether or not the defendant raised the abuse as a defense at trial. To determine whether or not the defendant was a victim of domestic violence, courts can consider all evidence, including past court proceedings.
This means that defendants convicted of crimes other than murder or those requiring them to register as sex offenders who were victims of domestic violence can now have courts consider their past abuse as a mitigating factor at sentencing.
This new mitigating factor will also apply to convictions already sentenced. Beginning on April 1, 2026, those convicted of crimes who the new mitigating factor would have applied to at sentencing can now file petitions for resentencing to have judges consider their past histories with domestic violence.
If courts find that this mitigating factor applies, they may reduce a defendant’s sentence as follows:
- For a third degree crime: a term less than 18 months
- For a second degree crime: a term of three to five years
- For a first degree crime: a term of five to ten years
In addition, S4870 eliminates the “stepdown” measure included in N.J.S.A. 2C:44-1(f)(2). Previously, when courts found that mitigating sentencing factors outweighed aggravating factors, defendants could be eligible for a reduced sentence associated with a crime of a degree one lower than the crime of which the defendant was convicted.
Now, defendants who are not victims of domestic violence will not qualify for reduced sentences under these circumstances.
EBM Law’s Experience
EBM Law has significant expertise in New Jersey criminal sentencing law. For each conviction, our offices write a detailed sentencing brief providing the court with a comprehensive picture of the defendant, including their family obligations, employment, health, and psychological/substance abuse treatment history when applicable.
EBM Law serves as a fierce advocate for all defendants from the beginning of their cases to sentencing and understands how new laws such as S4870 affect our clients’ cases.
If you have any questions about S4870, sentencing law in New Jersey, or any New Jersey criminal matter, contact our offices to schedule a complimentary consultation at (732) 249-9933.
