Facing a Third Strike Criminal Charge in New Jersey
Accomplished NJ Criminal Defense Attorneys Fighting Criminal Cases under NJ’s 3-Strikes Law
All About the Three Strikes Law in New Jersey
N.J.S.A 2C:43-7.1 is New Jersey’s three strikes law. This law provides that individuals convicted of certain crimes are subject to extended prison terms or life imprisonment without the possibility of being paroled. The individual must have been convicted of two previous offenses for the third offense to be their third strike. While only specific crimes are considered as strikes, the individual does not have to be convicted of the same crime each of the three times. They can be convicted of any offenses that count as a strike.
The three strikes law can also be applied if the individual was convicted of one of the applicable crimes in another state. There is a federal three-strikes law, and roughly half the states in the United States have implemented a state three-strikes law. This means that the crimes considered strikes may vary depending on what state the individual is in and whether they are being charged on a state or federal level.
How to Determine if Your Charge is a Third Strike
In New Jersey, the crimes that are considered strikes under the three strikes law are expansive, including:
- Murder
- Aggravated manslaughter
- Kidnapping
- Carjacking
- Robbery
- Burglary
- Arson
- Aggravated sexual assault
- Sexual assault
- Child Molestation
- Weapons crimes
- Destructive device and explosive offenses
Inclusion of Juvenile Records in 3-Strikes Law Cases
While there are often debates about whether it is appropriate to count what someone did as a juvenile against them as an adult, New Jersey’s three strikes law does consider crimes committed as a juvenile when determining whether the individual is on their third strike. However, the crimes the individual was convicted of as a juvenile must be crimes that would count as a strike as an adult. If the juvenile offenses are not considered a strike for an adult, they will not be considered in determining whether the adult has three strikes.
The Devastating Impact of a Third Strike Conviction in NJ
For an individual who has been convicted on two previous occasions of any of the crimes that count as strikes and is facing a third charge for one of those crimes, the three-strikes provision may apply to their case. This means that the judge can invoke harsher penalties, such as an extended prison term or being imprisoned for life without possibility of parole. An example of a harsher sentencing would be if the individual is being charged with aggravated manslaughter. First-time offenders face 10 to 30 years in prison and a fine of up to $200,000. If it is the individual’s third strike, they could be sentenced to life instead of 30 years in prison.
What Makes NJ’s Three Strikes Law Unique
New Jersey’s three-strikes law differs from similar laws in other states. Many other states consider all felonies as strikes. This means any offense that is a felony counts as a strike, leading to many repeat offenders getting their third strike and facing harsher penalties. In New Jersey, only the most egregious offenses are considered strikes. The most serious or violent offenses an individual can be indicted for are considered strikes, while other offenses are not. These other states also often make the harsher penalties mandatory, allowing judges no discretion in how they apply the three strikes law.
Fortunately, New Jersey judges are given some discretion to consider mitigating factors before deciding whether to hand down a harsher sentence. Some of the mitigating factors that the judge may consider include the offender’s age, maturity level, the previous crimes they have committed (including whether those crimes were committed as a juvenile), the overall circumstances that led to the individual committing the crime, the circumstances of the crime itself, and how likely it is that the individual will re-offend in a way that may cause harm or risk to the community.
Is it Possible to Get an Old Strike Removed in New Jersey?
Generally, a strike is a strike, and it will remain so for the offender’s lifetime. This means that it is extremely rare for an individual to be sentenced to a strike and have a strike removed later. However, it is possible. This would most likely occur if the individual successfully appeals a previous sentence. If this happens, the individual will want to work with a defense attorney who can assist in getting the strike removed. Once the strike is removed, the attorney can attempt to have the individual’s sentence changed to reflect a more appropriate sentence for someone who does not have three strikes.
New Jersey’s Focus on Repeat Offenders in Criminal Law
New Jersey puts particular emphasis on repeat offenders, specifically in assigning harsher penalties. The purpose is to encourage repeat offenders to change their ways. There are several ways that New Jersey attempts to punish repeat offenders more severely than others in the criminal justice system.
Other Extended Sentencing Laws
The three-strikes law and the No Early Release Act (NERA) are two distinct laws, but many confuse them since they both require extended sentence to be served by those convicted. The three strikes law allows the court to sentence offenders to a harsher penalty than they would otherwise face. While life without parole is a potential sentence in this case, many times the individual is simply sentenced to a much longer sentence. If their sentence is not life without parole, the individual may still be able to be released early after serving a shorter period of that sentence.
Under NERA, individuals convicted of certain crimes are sentenced based on the guidelines in N.J.S.A. 2C:43-7.2. They are not eligible for release until they have served a minimum of 85% of their sentence. Depending on the particular crime, the individual will also be subject to three to five years of parole supervision after release. While the two laws are distinct and separate, they both apply to some of the same crimes, such as murder, aggravated sexual assault, and carjacking. This means that an individual could potentially be subject to both the three strikes law and a longer sentence, as well as NERA’s requirements to serve a minimum of 85% of their sentence plus parole supervision after release.
Mandating Jail Time for Repeat Offenses
In many instances, repeat offenders repeat the same offenses. For example, when the offender is before the judge for a third offense of driving while intoxicated (DWI) or a third-time shoplifting conviction, the law mandates jail time. The jail time increases with each repeat offense. Again, the intention is to make the offender so uncomfortable and have such a significant impact on their life that they choose not to continue down this path and instead, begin making better choices.
Removing Eligibility for Diversionary Programs
First-time offenders are often eligible for diversionary programs such as Pretrial Intervention (PTI), conditional dismissal, and other programs that allow them to avoid a criminal conviction and sentence. When practical, these diversionary programs help offenders shift their focus to better choices and improve their lives. And yet, repeat offenders do not get the option of diversionary programs in New Jersey except in a select few cases, such as those involving Drug Court for substance abuse-related crimes.
In many cases, a repeat offender likely was eligible for a diversionary program when charged with one of their earlier offenses, took advantage of it, and has returned with another offense. This indicates that the diversionary program was either unsuccessful or the offender did not take it seriously. Therefore, the court does not offer additional opportunities that may be better offered to another first-time offender who may benefit from it.
Evaluating the Risk of Re-Offense in Sex Crime Cases
New Jersey uses the Registrant Risk Assessment Scale (RRAS) to assess and classify sexual offenders under Megan’s Law. This scale considers 13 factors in determining whether an offender is likely to re-offend, and the score determines which tier classification the offender will receive. The factors considered by the RRAS include the seriousness of the offense (including the degree of force used), offense history (including victim selection), number of victims or offenses, duration of offense behavior, how long it has been since the offender’s last offense, and any history of anti-social acts.
Based on the score from the RRAS, the sex offender is placed in one of three tiers. The first tier is offenders who are considered to have a low likelihood of re-offending and is the minimum tier that a sex offender can be assigned to. Tier one offenders are reported to law enforcement when they are released or registered in a community. Tier two is made up of offenders with a moderate likelihood of re-offending, while tier three is made up of offenders who have a high likelihood of re-offending. Tier two offenders require notification to law enforcement, groups, agencies, organizations, schools, licensed daycares, and summer camps in the community that may encounter the offender. Tier three offenders require all of the previous notifications plus notifying members of the public who may encounter the offender.
Talk to a Criminal Defense Attorney at The Tormey Law Firm if You Have been Charged as Repeat Offender in NJ
When facing charges as a repeat offender and the possibility of being sentenced under the three strikes law, a strong defense is critical. A conviction is very likely to result in a longer prison sentence and may also require serving more of that sentence. Avoiding a conviction is your best option for avoiding a third strike and the life-long ramifications of such an outcome in your criminal case. An experienced and knowledgeable New Jersey criminal defense attorney at The Tormey Law Firm can help you build a solid defense by identifying inconsistencies and weaknesses in the prosecution’s evidence. We can also use our extensive background in criminal law to explore alternative sentencing options and agreements that may be available and achievable based on your specific history and circumstances. Sometimes, our criminal lawyers can also help you avoid a strike by negotiating with the prosecution to reduce the charges and/or sentence.
Throughout the criminal process, our legal team will ensure that you understand your rights and fight fiercely on your behalf to protect those rights. Call our team of seasoned criminal defense attorneys today to review your case and learn more about your options under the three strikes law. You can also reach out to us and request a consultation using our convenient form. 24/7 we are here to assist with your serious criminal matter and help you proceed with confidence. Our attorneys appear in courts throughout New Jersey handling three-strikes criminal charges against our clients, including in Bergen County, Essex County, Middlesex County, Union County, Hudson County, Ocean County, and Passaic County.
