Mandatory Minimum Sentences In New Jersey

If you’ve been arrested in New Jersey for certain corruption, violence, drug, or gun-related charges, you may be facing several years in prison without eligibility for parole because of state laws on mandatory minimum sentences. 

With the stakes so high, understanding precisely what you’re up against is a powerful asset. 

The state laws place restrictions called mandatory minimum sentences on the sentences that judges impose for certain indictable offenses. Knowing how the law could affect the outcome of your case gives you an opportunity to have a stronger defense. 

However, to build a formidable criminal defense, you’ll need an attorney with both the experience to negotiate the best possible outcome and, if necessary, the confidence to take your case to trial.

Facing charges for a crime subject to mandatory minimum sentences? Contact Dughi, Hewit & Domalewski.

Public corruption and mandatory minimum prison sentences

Public servants, meaning those who serve as public officers or employees under state government or any political subdivision thereof, who act outside of the interests of the people they serve, are punished harshly in New Jersey. The state believes that government employees, politicians, teachers, and police officers should have one thing in common—integrity. 

When a public servant is accused of abusing their power or refusing to perform a duty for personal reasons, it’s considered a crime called official misconduct.

If you’re a civil servant, government employee, or first responder, you could be at risk for this type of criminal charge even if your actions would not constitute a crime outside of your role.

Some examples of scenarios where official misconduct charges could apply:

• A fireman spending donation money from a fundraiser on a personal vehicle
• A police officer arresting someone without probable cause to illicit sexual favors
• A county clerk purposely delaying official paperwork due to a personal grievance with the person who filed it

Mandatory sentencing for crimes of corruption

If convicted of a crime of misconduct or abuse in office, depending on the degree of the offense, you could face up to ten years of jail time without the possibility of parole. Working with an attorney who is deeply familiar with the investigation process for official misconduct, and the elements required for conviction, is crucial to achieving the best possible outcome.

Mandatory minimum prison terms for public officers or employees convicted of certain crimes apply to several indictable offenses, including: 

• Criminal coercion
• Theft by deception if the amount involved exceeds $10,000
• Theft by extortion
• Commercial bribery
• Money laundering
• Bribery in official matters
• Threats and other improper influence in official and political matters
• Acceptance or receipt of unlawful benefit by public servant for official behavior
• Tampering with public records or information
• Official misconduct

No Early Release Act (NERA) in New Jersey 

The No Early Release Act (NERA) states that anyone convicted of a violent crime must remain in prison for at least 85% of the sentence imposed by the court. In other words, it creates a period of parole ineligibility, regardless of the circumstances of the crime or an inmate’s good behavior. 

The act applies to a plethora of indictable offenses, including: 

• Aggravated assault
• Sexual assault or aggravated sexual assault
• Death by auto (also referred to as vehicular homicide) 
• Homicide 
• Manslaughter or aggravated manslaughter
• Kidnapping 
• Disarming a law enforcement officer 
• Robbery 
• Carjacking 
• Aggravated arson 
• Extortion 
• Liability for drug-induced deaths
• Terrorism 
• Producing/possessing chemical weapons, biological agents, or nuclear or radiological devices 
• Burglary 
• Certain drug offenses
• Causing or permitting a child to engage in a sexual act 
• Booby trapping a drug manufacturing or distribution facility 
• Firearm trafficking 
• Racketeering

In addition to the specific public corruption and NERA offenses discussed above, the law also provides for mandatory minimum sentences for other convictions, including certain gun and drug offenses. Both the public corruption statutes and NERA also establish minimum parole and prison terms for certain convictions.

Schedule your consultation today with our criminal defense attorneys. 

NJ prison sentencing minimums 

A mandatory minimum sentence imposes a standardized base length of incarceration for a particular crime. Regardless of the circumstances under which a crime occurred, judges must sentence anyone convicted of certain offenses to at least the number of years of prison specified by the law. 

The operative phrase here is at least. Depending on the nature of the crime, a judge may choose to add additional years in prison to a mandatory minimum sentence. 

Drug offenses, violent offenses, and official misconduct are the crimes most affected by NJ’s prison sentencing minimums. 

Curbing the use of mandatory minimum sentences

NERA and associated mandatory minimum sentencing requirements are the subjects of intense debate in our state. From a criminal defense standpoint, mandatory minimum sentences certainly raise the stakes of litigation. However, an experienced criminal defense attorney will explore all available opportunities to avoid conviction or, if necessary, lessen the severity of your sentence.

Still, to reach the best possible outcome, it’s imperative that you retain experienced legal representation for criminal charges as quickly as possible.

Dughi, Hewit & Domalewski can help 

No matter what kind of legal matter you’re facing, the Dughi, Hewit & Domalewski team is capable, compassionate, and cost-effective. Our resourceful criminal defense attorneys will never stop fighting for your constitutional rights.

Contact us to begin building your best defense now.