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Often, prison sentences are not set in stone. Those convicted of certain crimes may have the opportunity for early release after they have served the mandatory minimum sentence.
However, under the No Early Release Act, violent crimes are usually not eligible for significantly early release. Those convicted of these crimes must serve at least 85% of their prison sentence before being eligible for parole. They must also serve a fixed period of parole supervision.
Our New Jersey No Early Release Act lawyers help clients understand the potential implications of this act and seek the minimum sentences for their charges, as well as any related NJ sex crime laws. Let us build a strong defense and represent you at every step of the legal process.
The No Early Release Act (NERA), as stated in N.J.S.A. 2C:43-7.2, mandates that those convicted of certain violent crimes serve at least 85% of their sentences before they would be eligible for parole. Offenders are also subject to a fixed period of parole supervision after release: typically five years for first-degree crimes and three years for second-degree crimes.
Our New Jersey No Early Release Act Lawyers will help you understand the mandatory sentencing laws that apply to your charges.
Case Study
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
NERA only applies to specific violent crimes, including all of the following:
NERA is usually not negotiable for the crimes indicated above. However, our NJ criminal attorneys will do everything we can to help you avoid a conviction.
We will evaluate the circumstances of your arrest and charges, then craft a compelling defense. This may involve challenging the interest of the victim, for example.
We might be able to lower your charges to a third- or fourth-degree offense, which would mean that NERA would no longer apply to your case. Your cooperation is crucial to potentially lowering your charges.
The presumption of imprisonment may only be overcome in NERA cases where the court deems imprisonment to be a serious injustice that overrides the need to deter others from committing the same crime. Your case would need to meet the “serious injustice” standard for this to be possible.
This standard applies to cases in which sentencing under NERA guidelines would be legally improper and fundamentally unjust. Our New Jersey No Early Release Act lawyers will evaluate the circumstances of your case and determine whether you may be eligible for this exception.
The main difference is that sentences under the No Early Release Act have no parole eligibility until at least 85% of the sentence is served. Regular sentences do not follow this mandate.
Crimes involving attempt or conspiracy are often graded at the same level as the crime that was attempted, meaning these violent crimes would still fall under NERA.
Yes, NERA would still apply to violent crimes unless the court deems that both sentencing requirements would meet the “serious injustice” standard.
When a person is released on parole after serving their sentence under NERA, they would be subject to a supervised release of either five years (for first-degree crimes) or three years (for second-degree crimes). They would need to follow the specific terms of their parole, which may include travel restrictions, reporting requirements, or residence restrictions. Our New Jersey No Early Release Act lawyers will help you understand the potential requirements for your parole.
Facing criminal charges can be highly stressful, but knowing your charges fall under NERA may make you feel even more overwhelmed. Our attorneys at Aiello, Harris, Abate Law Group PC are committed to building the most vigorous defense possible for your case and representing you every step of the way.
We have over 300 years of combined experience in criminal defense. With several former prosecutors on our team, we know how to approach cases from all angles and anticipate potential challenges before they arise.
Contact our New Jersey No Early Release Act lawyers at (908) 873-3571 or online for a confidential initial consultation and case evaluation. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
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