New Jersey Graves Act Defense Lawyers

Penalties for Conviction Under New Jersey’s Graves Act

Individuals subject to the Graves Act face minimum sentencing requirements for their crimes.

• First-, second-, and third-degree crimes face a minimum prison sentence of either three years or between one-third and one-half of the sentence imposed, whichever is greater.
• Fourth-degree crimes face a minimum sentence of 18 months.

While serving the mandated minimum sentence, the individual would be ineligible for parole.

The following New Jersey crimes involve mandatory prison sentences:

• Murder – N.J.S.A. 2C:11-3
• Manslaughter – N.J.S.A. 2C:11-4
• Aggravated Assault – N.J.S.A. 2C:12-1(b)
• Sexual Assault – N.J.S.A. 2C:14-2(a)
• Aggravated Criminal Sexual Contact – N.J.S.A. 2C:14-3(a)
• Robbery – N.J.S.A. 2C:15-1
• Burglary – N.J.S.A. 2C:18-2
• Escape – N.J.S.A. 2C:29-5 (Out-of-State Offenders)

When these crimes also fall under the New Jersey Graves Act, such as for firearms charges related to the violent crime, the above mandatory prison terms would apply.

Pre-Trial Intervention (PTI) Opportunities

Some charges allow individuals to complete pre-trial intervention (PTI) to potentially avoid prison time or reduce their sentences. However, there is a strong presumption against PTI in Graves Act cases. You would need an extraordinary and compelling reason to justify diverting prison time; our New Jersey Graves Act defense lawyers will explore whether any such reasons apply to your case.