The New Jersey criminal court may punish you after finding you guilty of a criminal offense to deter you from committing this crime again or other types of crimes in the future. But most unfortunately, you may not have fully learned your lesson from your first incident, and you may find yourself standing before the criminal court to defend yourself once more. In New Jersey, prior convictions can significantly impact how a judge handles a new criminal offense. The criminal history of a defendant can result in enhanced sentencing, stricter bail conditions, and even the application of repeat offender laws. In this scenario, please continue reading to learn how your previous convictions might affect your current criminal charges and how an experienced Morris County, New Jersey criminal defense lawyer at the Macri Law Firm can help protect you from harsh consequences.
What Should I Know About New Jersey’s Three-Strikes Law?
Many jurisdictions hold repeat offender laws, and in New Jersey, there is the three-strikes law. This law holds that a criminal judge may rule to impose harsher sentences on individuals found guilty of specific serious crimes after two prior convictions for the same or similar offenses. In other words, a third-time offender may be up against severe criminal consequences.
For example, this law applies to robbery offenses. Usually, being charged with a second-degree robbery offense comes with a prison sentence of five to 10 years and a fine of up to $150,000. But also, with New Jersey’s No Early Release Act, this is a violent crime that requires you to serve at least 85 percent of your prison sentence before you can become eligible for parole.
However, say this is your third time being convicted of second-degree robbery. Now, the judge will look at your prior criminal record and use their discretion to determine your sentence. In a worst-case scenario, this third-time offense may result in a lifetime imprisonment with parole never becoming an available option. At the very least, you may have to spend more than 10 years in prison and pay more than $150,000 in fines.
How the Three-Strikes Law Works in New Jersey
- Applies to those convicted of multiple serious, violent offenses
- If a person has two prior convictions for certain violent criminal offenses, a third conviction can result in life imprisonment
- Those sentenced under the law may not be eligible for parole
- Courts will consider the defendant’s entire criminal history when determining whether the law applies
- Crimes commonly associated with this rule include robbery and other serious, violent offenses
How the Double Jeopardy Clause Relates to Repeat Offenses
It is worth mentioning the double jeopardy clause here, found in the Fifth Amendment. This clause only holds that you cannot be tried twice for a single crime.
However, this does not mean that you cannot be tried twice for committing the same crime two separate times. Also, it does not prevent the judge from seriously considering your prior crimes for your current sentencing.
Important Distinctions Regarding Double Jeopardy
- The Fifth Amendment protects individuals from facing prosecution twice for the same crime
- Double jeopardy applies only when the same criminal act is prosecuted more than once
- It does not prevent prosecution for separate criminal acts
- Judges can consider prior convictions during sentencing
- A defendant’s criminal record can impact sentencing enhancements and penalty severity
How Else Can Previous Convictions Affect Current Criminal Charges?
Those charged with a criminal offense in Morris County will generally have their cases handled through the New Jersey Superior Court system, where judges can review prior criminal history when determining bail conditions and plea negotiations. Besides being ultimately imposed with increased penalties, your previous convictions may make your current criminal case proceedings more difficult.
Ways a Prior Criminal Record Can Impact Your Case
- You may be subject to stricter bail conditions when initially arrested for a criminal offense
- You may be subject to less lenient plea bargain options ahead of your criminal court case
- You may be subject to a more aggressive argument made against you by the prosecution
- The judge may consider your prior record when determining whether you are eligible for probation or alternative sentencing
- Your criminal history can influence whether or not the prosecution pursues enhanced or upgraded charges
How Prior Violent Crimes Can Influence Sentencing in New Jersey
In some instances, a prior conviction can significantly increase the penalties associated with a new crime, especially if your criminal history involves violent offenses.
Judges in Morris County and across New Jersey will consider a defendant’s past when determining sentencing. If a person has previously been convicted of a violent crime, the court may view them as a habitual, if not professional, offender.
Common Aggravating Factors That Can Increase Sentencing
- The crime involves illegal drugs or controlled substances
- The offense is related to gang activity
- You were in possession of or used a weapon during the commission of your crime
- Evidence suggests that the offense was premeditated
- The crime causes serious physical, emotional, or financial harm to the victim
What New Jersey Laws Allow Morris County Judges to Increase Sentences
New Jersey law allows courts and judges the discretion to impose enhanced penalties on repeat offenders, meaning those with prior convictions may face increased consequences for subsequent offenses.
Important Laws
- Persistent Offender Act
- Allows judges to extend prison sentences of offenders with multiple serious convictionsmacrilawyers.com/about
- Extended sentences may exceed standard guidelines
- Three-Strikes Law
- Mandatory life imprisonment for those convicted of certain violent offenses three times
- No Early Release Act (NERA)
- Requires defendants convicted of certain crimes to serve 85% their prison sentence before they are eligible for parole
Contact an Experienced New Jersey Criminal Defense Attorney Today
If you desire more clarity before you head into these proceedings, please do not wait any longer to contact a skilled Morris County, New Jersey criminal defense lawyer. Retain the services of the Macri Law Firm today.