New Jersey’s No Early Release Act (NERA)

Passaic County NJ Criminal Sentencing Lawyer

Alissa Hascup represents clients who have been charged with serious criminal offenses – kidnapping, unlawful possession of a handgun, burglary, and drug offenses – throughout New Jersey, including in Passaic County, Morris County, Essex County, and Bergen County.

If you have pled guilty to or been found guilty of a crime that is subject to sentencing under the No Early Release Act (NERA), the consequences can be severe. It is imperative for you to have an experienced attorney represent you at all critical stages of the process, including Sentencing, and fight on your behalf for the best possible outcome. Contact Alissa Hascup anytime to schedule an initial consultation, which is always provided free of charge.

No Early Release Act (NERA) Sentencing in New Jersey: N.J.S.A. 2C:43-7.2

The statute requires that a parole ineligibility term of 85% of the base term be imposed when the defendant commits the following first and second degree crimes, and conspiracies and attempts to commit the following crimes:

1. Murder, N.J.S.A. 2C:11-3
2. Aggravated Manslaughter, N.J.S.A. 2C:11-4
3. Vehicular Homicide, N.J.S.A. 2C:11-5
4. Aggravated Assault, N.J.S.A. 2C:12-1b
5. Disarming a Law Enforcement Officer, N.J.S.A. 2C:12-11b
6. Kidnapping, N.J.S.A. 2C:13-1
7. Aggravated Sexual Assault, N.J.S.A. 2C:14-2a
8. Sexual Assault, N.J.S.A. 2C:14-2b and c(1)
9. Robbery, N.J.S.A. 2C:15-1
10. Carjacking, N.J.S.A. 2C:15-2
11. Aggravated Arson, N.J.S.A. 2C:17-1a(1)
12. Burglary, N.J.S.A. 2C:18-2
13. Extortion, N.J.S.A. 2C:20-5
14. Booby Traps in Manufacturing or Distribution Facilities, N.J.S.A. 2C:53-4.1
15. Strict Liability for Drug Induced Deaths, N.J.S.A. 2C:35-9
16. Second Degree Attempt of NERA Offense, N.J.S.A. 2C:5-1
17. Second Degree Conspiracy of NERA Offense, N.J.S.A. 2C:5-2

In addition to the period of parole ineligibility, another mandatory component of a NERA sentence is the parole supervision term – 5 years for a first degree crime and 3 years for a second degree crime. See N.J.S.A. 2C:43-7.2c

So, for example, if you pled guilty to Burglary, a crime of the second degree, in violation of N.J.S.A. 2C:18-2, you would be exposed to a sentence of between 5 and 10 years in New Jersey State Prison, with 85% of the sentence to be served without the benefit of parole. Moreover, upon your release, you would be placed on parole supervision for 3 years. Note that even if you only pled guilty to Conspiracy to Commit Burglary, a crime of the second degree, in violation of N.J.S.A. 2C:5-2 and 2C:18-2, the sentence and parole supervision term would be the same.

NERA offenses are serious and have serious consequences. The sentencing provisions are mandatory, meaning that the Judge and the Assistant Prosecutor have absolutely no discretion.

Contact a Denville NJ Criminal Defense Lawyer for a Free Consultation

If you find yourself in a situation where you or a loved one have been charged with a NERA offense as a result of a domestic violence or other related incident, a conviction may result in exposure to a mandatory period of parole ineligibility of 85% of the base term. Alissa D. Hascup understands the importance of attacking the State’s case and limiting your exposure to the greatest extent possible. She is prepared to use her extensive experience and knowledge of the law to your advantage. Call or email her now to discuss your legal options.