A person who has been convicted of an offense may be sentenced to:

• Pay a fine;
  
• Make restitution; or
  
• Both.

Fines
A fine cannot be more than:

• $200,000.00 for a first degree crime;
  
• $150,000.00 for a second degree crime;
  
• $15,000.00 for a third degree crime;
  
• $10,000.00 for a fourth degree crime;
  
• $1,000.00 for a disorderly persons offense;
  
• $500.00 for a petty disorderly persons offense;

• Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the offender’s conduct.

• Any higher amount specifically authorized by another law or statute;

• Double these fines for a second or subsequent conviction of any tax offense under New Jersey law.

• For drug offenses, any higher amount equal to three times the street value of the controlled dangerous substance or controlled substance analog.

Criteria for Fines
The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if:

• The defendant has derived financial gain from the offense or a fine is appropriate to deter the type of offense involved or to the correction of the offender;
  
• The defendant can, or, given a fair opportunity, will be able to pay the fine; and
  
• The fine will not prevent the defendant from making restitution to the victim.

• The financial resources of the defendant and
  
• The nature of the burden that payment will impose.

Restitution
The restitution ordered paid to the victim may not exceed the victim's loss.

• In any case involving the failure to pay any State tax, the amount of restitution to the State shall be the full amount of the tax avoided or evaded, including full civil penalties and interest as provided by law.
  
• In any case where the victim of the offense is any department or division of State government, the court shall order restitution to the victim.

Criteria for Restitution
The court shall sentence a defendant to pay restitution, in addition to any sentence of imprisonment or probation, if:

• The victim, or, in the case of a homicide, the nearest relative of the victim suffered a loss; and
  
• The defendant can pay or, given a fair opportunity, will be able to pay restitution.

Ordering restitution does not prevent a victim from bringing a civil lawsuit against the defendant based on the incident underlying the crime. Any amount due the victim under any civil award or remedy must be reduced by the amount of restitution paid, to the extent necessary to avoid double compensation for the same loss.