Extended Prison Terms in New Jersey
Passaic County NJ Criminal Defense Attorney
Alissa D. Hascup represents clients throughout New Jersey, including in Paterson, Morristown, Hackensack, and Newark, who have been charged with serious criminal offenses such as manslaughter, aggravated assault, child abuse, and terroristic threats.
If you have pending charges, the consequences of a conviction can be severe. It is important that you have an experienced attorney represent you at all stages of the process, including Sentencing, and fight on your behalf for the best possible outcome. Contact Alissa Hascup anytime for an initial consultation, which is always provided free of charge.
Extended Terms in New Jersey: N.J.S.A. 2C:43-7 and N.J.S.A. 2C:44-3
N.J.S.A. 2C:43-7 & 2C:44-3 provide that a person who has been convicted of certain designated crimes shall be sentenced to an extended term of imprisonment.
Once the decision has been made that the criteria set forth in N.J.S.A. 2C:44-3 render the defendant eligible for an extended term, the range of available sentences runs from the bottom of the ordinary term to the top of the extended term. The court then determines the length of the sentence based on its assessment of the aggravating and mitigating factors.
An extended term may only be imposed upon application of the prosecutor. Notice must also be provided to the defendant in accordance with the court rules. See State v. Thomas, 195 N.J. 431, 436 (2008).
Moreover, an extended term cannot be imposed unless the defendant is specifically advised at the time of the guilty plea of the potential number of years to which he/she is exposed.
Examples of Extended Terms
Multiple Extended Terms. N.J.S.A. 2C:44-5a(2)
Where an extended term is mandatory (such as a “Graves Act” offense), multiple extended terms may be imposed when the statutory requirements are met.
Persistent Offender. N.J.S.A. 2C:44-3a
It is constitutional for a sentencing court to consider objective facts about a defendant’s prior convictions (including out-of-state convictions), his/her age when the offenses were committed, and the elements and degrees of the offenses, in order to determine whether the statutory requirements for an extended term are satisfied.
Extended Term for Crimes Committed While on Community Supervision for Life. N.J.S.A. 2C:43-6.4e(1)
The imposition of an extended term of imprisonment is required if a defendant, while serving a special sentence of Community Supervision for Life, commits one of the following offenses: murder, manslaughter, kidnapping, aggravated assault, luring or enticing a child, sexual assault, criminal sexual contact, endangering the welfare of a child, second degree burglary, or possession of a firearm for an unlawful purpose.
Extended Term for Crimes Committed While on Bail. N.J.S.A. 2C:44-5.1
An extended term of imprisonment and higher fine is required if a defendant is convicted of a specified first, second, or third degree crime committed while on bail for another first, second, or third degree crime of which he/she is also convicted.
Contact a Totowa NJ Criminal Defense Sentencing Lawyer to Discuss Your Case
If you find yourself in a situation where you or a loved one have been charged with a crime that may subject you to an extended term of imprisonment, it is imperative that you contact a lawyer immediately. Alissa Hascup understands the importance of attacking the State’s case and attempting to limit 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 Ms. Hascup to schedule your free initial consultation.
