No Early Release Act (N.E.R.A)
When you are charged with a violent crime in Ocean County or anywhere else in New Jersey, the prosecutor will try to apply NERA, which allows the sentencing judge to impose a period of parole ineligibility for certain violent offenses. NERA is a complex and diverse law that requires the expert knowledge and strategy of an experienced criminal defense lawyer to navigate around its application. The Law Offices of John F. Marshall is a law firm with almost 60 years of combined experience that frequently defends individuals charged with violent crimes in Ocean County. If you have been charged with a violent crime such as Murder, Aggravated Manslaughter, Manslaughter, Aggravated Assault, Robbery, Sexual Assault, Aggravated Sexual Assault, Kidnapping, Vehicular Homicide, Disarming a Law Enforcement Officer, Carjacking, Aggravated Arson, or Burglary you may be exposed a NERA application. Our former prosecutors and Ocean County defense lawyers have dealt with NERA cases and we are aware of all the steps and proceedings associated with its application and how to approach getting around it. If you would like to speak with an Ocean County defense attorney about a violent crime charge then call us today to set up a free initial consultation.
NERA Applicability to Violent Crimes
If you have been charged with a violent crime then you could be exposed to the No Early Release Act (NERA), which applies to many crimes of violence. Under this Act, a person convicted of a violent crime must serve 85% of the sentence imposed before becoming parole eligible. This means that if you are sentenced to 10 years you must serve a mandatory minimum 8 ½ years in jail. In general, NERA applies to all aggravated assault offenses of the Second Degree and to several varieties of Third Degree aggravated assault and it does not matter if you are a first-time offender. In fact, the only way to avoid NERA is to avoid the conviction of a violent crime by either being acquitted, accepting a plea, or being found guilty of a lesser, non-NERA offense. NERA is applied after the defendant is found guilty of the underlying crime upon a finding that offense was also a violent crime. Under our law, a violent crime is when an individual uses or threatens the immediate use of a deadly weapon which was actually capable of producing death or serious bodily injury. “Serious bodily injury” is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. An example of this is when a defendant uses or threatens to use a gun during a robbery. NERA also applies to sex crimes where the defendant used or threatened the immediate use of physical force during an aggravated sexual assault or a sexual assault.
If you have been arrested or charged with a violent crime in Ocean County such as aggravated assault, sexual assault, or robbery and you fear that NERA may apply then you need to contact an experienced lawyer as soon as possible. Prosecutors will look to apply NERA whenever the crime meets the standards. This makes hiring an experience lawyer during the pre-indictment stage even more essential. The Law Offices of John F. Marshall is an Ocean County Criminal Defense Firm located in Toms River, NJ that has almost 60 years of combined experience. Our office is comprised of former municipal and county prosecutors and seasoned Ocean County criminal attorneys. The sooner you retain our firm, the sooner we can get to work on your case so we can decrease your exposure at trial and negotiate with the prosecutor to get you your best deal prior to trial. We also offer you a free initial conference with an experienced Ocean County criminal defense lawyer who can advise you of your options.
