Hackensack NJ N.E.R.A. Lawyers

The New Jersey legislature has carved out certain crimes, that if convicted, would require the defendant to serve a mandatory term in prison before they could become eligible for parole. This provision is found under N.J.S.A. 2C:43-7.2 and is known as the No Early Release Act (“N.E.R.A.”). As you will see below, if you are convicted of certain crimes, such as robbery, aggravated assault, vehicular homicide, homicide, sexual assault, aggravated sexual assault or burglary the Judge will mandate that you serve at least 85% percent of your sentence before you can become eligible for parole. N.E.R.A. makes what is already a terrible situation much worse. The Law Offices of Jonathan F. Marshall has the experience and skill set necessary to protect your liberty. We have eight criminal defense attorneys on staff making our firm one of the larges in the state of New Jersey let alone Bergen County. Here is some important information with regards to NERA, including the specific crimes which implicate the No Early Release Act.

No Early Release Act: N.J.S.A. 2C:43-7.2

Before a defendant can be subject to the No Early Release Act they must have either plead guilty too or been convicted of, one of the enumerated offenses listed below. Please note that an attempt or conspiracy to commit any of following offenses with also subject a defendant to the No Early Release Act. The crimes subject to NERA are as follows:

    1. Murder: N.J.S.A.: 2C:11-3
    2. Aggravated Manslaughter or Manslaughter: N.J.S.A.: 2C:11-4,
    3. Vehicular Homicide: N.J.S.A.: 2C:11-5
    4. Aggravated Assault:  N.J.S.A.: 2C:12-1
    5. Disarming a Law Enforcement Officer: N.J.S.A.: 2C:12-11
    6. Kidnapping: N.J.S.A.: 2C:13-1
    7. Aggravated Sexual Assault: N.J.S.A. 2C:14-2
    8. Sexual Assault: N.J.S.A. 2C:14-2
    9. Robbery: N.J.S.A.: 2C:15-1
    10.  Carjacking: N.J.S.A.: 2C:15-2
    11.  Aggravated Arson: N.J.S.A.: 2C:17-1
    12.  Burglary: N.J.S.A.: 2C:18-2
    13.  Extortion: N.J.S.A.: 2C:20-5
    14.  Booby traps in manufacturing or distribution facilities; N.J.S.A.: 2C:20-5
    15.  Strict liability for drug induced deaths: N.J.S.A.: 2C:35-9
    16.  Terrorism: N.J.S.A.: 2C:38-2
    17.  Producing/Possessing Chemical Weapons, Biological Agents/Nuclear/Radiological Devices:  N.J.S.A. 2C:38-3
    18.  Racketeering: N.J.S.A.: 2C:41-2

Applicable Penalties if Convicted: 

The Judge when imposing a sentence of incarceration for one of aforementioned crimes must impose a minimum term of parole ineligibility. That term must be at least 85% of the sentence imposed. It should be noted here, that if the defendant receives a “life sentence” the minimum term of parole ineligibility pursuant to the No Early Release Act is deemed to be 75 years. If the defendant is pleading too or found guilty of, a first degree crime that is subject to NERA, the Judge must also impose a five-year term of parole supervision. On the other hand, if the defendant plead guilty too or has been convicted of a crime of the second  degree, the Judge must impose a three-year term of parole supervision. The said term of parole supervision will commence upon the completion of the original sentence of incarceration imposed by the Judge. While the defendant is serving his term of “parole supervision” they will remain on release status in the community and within the legal custody of the Commissioner of the Department of Corrections until the supervision period is completed without issue.

Powerful Bergen County Criminal Defense Firm

The Law Offices of Jonathan F. Marshall is a well seasoned Bergen County Criminal Defense Firm. We have handled countless indictable matters in the Bergen County Superior Court. If you or a loved one has any questions with regards to the No Early Release Act or any other criminal offense, please contact any one of our Bergen County Offices for a free initial consultation.