If you have committed a violent crime in New Jersey, you may have faced serious punishments such as decades of imprisonment and hundreds of thousands of dollars in fines. So, if you are found guilty of a subsequent offense, regardless of whether it is a violent or non-violent crime, you may only assume that your penalties will be just as bad or worse. With that being said, please follow along to find out whether prior convictions affect sentencing and how a proficient Morris County violent crime lawyer at the Macri Law Firm can work to reduce your sentence as much as legally possible.
Do prior violent crime convictions affect sentencing?
In short, having a criminal record may lead the New Jersey judge to impose a harsher sentence for your current offense. This is because they may consider you a persistent offender or even a “professional criminal.” But if your criminal record involves a violent crime, this may most definitely be considered an aggravated factor that makes the judge view your current offense as more severe. On a similar note, other aggravated factors that may have a negative effect on your sentencing include the following:
- Your crime may have involved drugs and illegal substances.
- Your crime may have been linked to potential gang involvement.
- You may have possessed or used a weapon during the commission of your crime.
- You may have premeditated or had the intention to harm a victim with your crime.
- You may have caused serious emotional, physical, or financial harm to a victim with your crime.
What New Jersey laws influence a judge’s sentencing decision?
For one, New Jersey enforces the Persistent Offender Act. This Act holds that if you have two or more prior violent crime convictions, the judge may use their discretion to impose an extended prison sentence. Of note, this extended term may be significantly longer than the standard. For example, the standard maximum sentences for first-degree, second-degree, and third-degree indictable offenses are 20, 10, and five years, respectively. However, the extended sentences may turn into a lifetime sentence, up to 20 years, and up to 10 years, respectively.
This Act may be closely associated with New Jersey’s Three Strikes law. This rule mandates a lifetime sentence in prison, without eligibility for parole, if you have been convicted of a serious violent crime three times already. Speaking of parole, the state also follows the No Early Release Act. With this, if you have been convicted of a violent crime, you must serve at least 85 percent of your sentence before becoming eligible for parole. But again, this may not even be an option if this is your third offense.
You must retain legal representation before you even get close to hearing your ultimate sentence. So please, contact a talented Morris County, New Jersey criminal defense lawyer at the Macri Law Firm today.