New Jersey courts consider a variety of factors when determining an appropriate sentence for a criminal offender, one of the most important being the individual’s past offenses. Having prior violent crime convictions can significantly impact sentencing. Understanding your legal rights and options is crucial during your case. Work with a Mercer County violent crime lawyer for more information and skilled legal advice today.

Do Prior Violent Crime Convictions Impact Sentencing in NJ?

Yes, prior violent crime convictions can impact sentencing in New Jersey. NJ Statute 2C:44-3 outlines criteria that allow a court to impose extended terms of imprisonment for repeat offenders. If the following is true, the defendant can receive an enhanced sentence.

  • The defendant has been convicted of a crime of the first, second, or third degree and is a persistent offender
  • The defendant has been convicted of a crime of the first, second, or third degree and is a professional criminal
  • The defendant has been convicted of a crime of the first, second, or third degree and committed the crime as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value
  • The defendant is a second offender with a firearm

Under this law, a persistent offender is a person 21 years of age or older at the time of the commission of the crime and has been previously convicted on at least two separate occasions of two crimes, committed at different times, when they were at least 18 years of age. To be considered a persistent offender, the most recent crime or the date of the individual’s latest release from confinement must be within 10 years prior to the date of the most recent crime for which they are being charged. Additionally, a professional criminal is an individual who has committed a crime as part of a continuing criminal activity with two or more people and whose main livelihood is derived from criminal activity.

What is the Three Strikes Law?

New Jersey also has a three-strikes law that allows repeat offenders of serious or violent crimes to be issued harsher penalties. Some offenses that apply to this rule include the following and more.

  • Murder
  • Aggratavated manslaturer
  • Sexual assault
  • Assault
  • Kidnapping in the first degree
  • Robbery
  • Arson
  • Burglary

If you have been convicted of any offense recognized under the three-strikes law, it counts as one strike. If you find yourself facing a third charge, the judge can sentence you to life in prison without parole.

NJ 2C:43-7 outlines additional sentences for repeat offenders depending on the details of the circumstances. To learn more, reach out to an experienced criminal defense attorney today.