What is the No Early Release Act – NERA?
Sussex County Criminal Defense Lawyers in Newton, NJ
The No Early Release Act
Certain criminal cases in Sussex and Warren County, New Jersey, may fall within the No Early Release Act (“NERA”) and require a mandatory minimum sentence that must be served before a defendant is eligible for parole. Generally, NERA will apply to violent crimes and any defendant who is sentenced pursuant to NERA must serve 85% of the sentence before being eligible for parole. Then, once paroled, a parole term of either three or five years will be imposed during which the parolee will need to comply with the terms and conditions of parole supervision. If you are facing criminal charges in Sussex or Warren County, New Jersey, it is imperative to understand the nature of the charges and the potential consequences that you are facing. In other words, you should call The Tormey Law Firm if you have been charged with a crime in Sussex or Warren County. Our team of experienced criminal defense lawyers is available around the clock to discuss your case and help you with this difficult time.
The No Early Release Act – Parole Ineligibility for Violent Crimes
Under N.J.S.A. 2C:43-7.2, there are specific enumerated indictable crimes that impose a minimum term of imprisonment of 85% of the sentence imposed for the underlying conviction. That is, if a person is convicted of certain violent crimes in New Jersey, the defendant will not be eligible for parole until 85% of the sentence is served. Those crimes are as follows: murder, N.J.S.A. 2C:11-3; aggravated manslaughter or manslaughter, N.J.S.A. 2C:11-4; vehicular homicide, N.J.S.A. 2C:11-5; aggravated assault, N.J.S.A. 2C:12-1(b); disarming a law enforcement officer, N.J.S.A. 2C:12-11(b); kidnapping, N.J.S.A. 2C:13-1; aggravated assault, N.J.S.A. 2C:14-2; aggravated sexual assault, N.J.S.A. 2C:14-2(b); sexual assault, N.J.S.A. 2C:14-2(c)(1); robbery, N.J.S.A. 2C:15-1; carjacking, N.J.S.A. 2C:15-2; aggravated arson, N.J.S.A. 2C:17-1(a)(1); burglary, N.J.S.A. 2C:18-2; extortion, N.J.S.A. 2C:20-5; booby traps in manufacturing or distribution facilities, N.J.S.A. 2C:35-4.1; strict liability for drug-induced deaths, N.J.S.A. 2C:35-9; terrorism, N.J.S.A. 2C:38-2; and producing or possessing chemical weapons, biological agents, or nuclear or radiological devices, N.J.S.A. 2C:38-3.
In addition to the 85% incarceration requirement mentioned for the above offenses, the court shall also impose a period of parole supervision after the defendant’s release. Parole supervision will begin upon completion of the prison term and during the term of parole supervision, the defendant will remain in release status in the community while in the legal custody of the Commissioner of the Department of Corrections. This means that the defendant will be supervised by the State Parole Board for five years in convicted of a first degree crime and three years if convicted of a second degree crime. And, if the parolee violates the conditions of his or her parole supervision, parole may be revoked and the defendant may be subject to return to prison to serve all or any portion of the remaining period of parole supervision, even if they have completed serving the term of imprisonment that was previously imposed.
Charged with a Violent Crime in Sussex County and Need a Lawyer? Call Us Now
The bottom line is that a conviction for certain violent crimes in Sussex or Warren County can result in mandatory minimum sentences and parole supervision – for a very long time. Don’t hesitate to call The Tormey Law Firm today if you are facing criminal charges in Sussex or Warren County.