There are many factors that can impact sentencing for a criminal case in New Jersey, namely any prior violent crime conviction that the defendant may have. Understanding the potential outcomes of your case is crucial in protecting your rights and interests. Contact a Bergen County criminal defense lawyer today for skilled representation and legal advice during your case.
Can a Prior Violent Crime Conviction Impact Sentencing in NJ?
Yes, one of the most influential factors that impact sentencing in a case is the defendant’s criminal history. If you have been previously convicted of a serious or violent crime and are currently facing criminal charges, you will likely face lengthier prison sentences, higher fines, difficulty achieving parole, and more.
New Jersey Statute 2C:44-3 outlines the various criteria that make a defendant vulnerable to an extended term of imprisonment, which includes the defendant having been convicted of a first, second, or third-degree crime and being considered a persistent offender.
Under state law, a persistent offender is an individual who is at least 21 years old at the time of the crime and who has previously been convicted of two crimes on two separate occasions when they were at least 18 years of age. The individual is only a persistent offender if the most recent offense or the date of their release from confinement is within 10 years of the date of the crime for which they are currently being sentenced.
For example, suppose that you were convicted of arson and then, 5 years later, were convicted of sexual assault. Three years later, you are facing charges for arson again. Because you have two prior convictions and your most recent conviction was less than 10 years ago, you can be considered a persistent offender and receive an extended prison term.
What Are the Extended Terms Associated With Each Level of Felony?
As established, repeat offenders are subject to enhanced prison sentences. Under NJ Statute 2C:43-7, a person convicted of a crime specified in Section 2C:44-3 may be subject to the following.
- Murder: 35 years to life imprisonment
- Aggravated manslaughter, first-degree kidnapping, or aggravated sexual assault: 30 years to life imprisonment
- First-degree indictable crime (except murder, aggravated manslaughter, first-degree kidnapping, or aggravated sexual assault): 20 years to life imprisonment
- Second-degree indictable crime: 10 to 20 years of imprisonment
- Third-degree indictable crime: 5 to 10 years of imprisonment
- Fourth-degree indictable crime: 3 to 5 years of imprisonment
These enhanced sentencing guidelines are approximately twice the length of the standard terms. Having prior violent crime convictions can also make it more challenging for you to be released on parole. You will likely have to serve a longer minimum sentence before becoming eligible for early release.
The laws regarding repeat offenders are complex, so it is important that you secure skilled legal advice during your case. Reach out to an experienced criminal defense attorney today for more information.