NERA Charges: Understanding Their Impact

If you or a loved one is facing serious criminal charges in New Jersey, it’s crucial to understand the implications of the No Early Release Act (NERA). This strict law requires violent crime offenders to serve most of their sentences before becoming eligible for parole. Here’s what you need to know about NERA and how it can affect your case.

What is the No Early Release Act (NERA)?

Enacted in 1997, NERA requires violent offenders to serve 85% of their sentence before parole eligibility. This law ensures that severe offenders face significant incarceration, enhances public safety, and delivers justice for victims.

Crimes Covered Under NERA

The No Early Release Act applies to a range of violent crimes, including but not limited to:

• Murder
• Manslaughter
• Aggravated assault
• Kidnapping
• Sexual assault
• Robbery

For a crime to fall under NERA, it must involve the use, attempted use, or threatened use of physical force against another person or result in significant bodily injury.

Sentencing Under NERA

The impact of NERA on sentencing is profound. When a defendant is convicted of a NERA-qualifying crime, the judge must impose a sentence where the individual serves 85% of the term before becoming eligible for parole. This removes much of the flexibility that judges typically have in sentencing, leading to longer periods of incarceration.

Implications for Defendants

The strict requirements of NERA mean that if you are convicted of a covered offense, you will serve a significant portion of your sentence without the possibility of early release. This underscores the importance of mounting a robust defense from the outset of your case.

Defending Against NERA Charges

Due to NERA’s severe penalties, it is crucial to have a skilled defense attorney to navigate its complexities. Here are some critical defense strategies:

• Challenging the Charges: Your attorney can work to dispute the charges against you by questioning the prosecution’s evidence, highlighting inconsistencies, and presenting exculpatory evidence.
• Plea Negotiations: In some cases, it may be possible to negotiate a plea deal to lesser charges that do not fall under the No Early Release Act, thereby avoiding the mandatory 85% sentence requirement.
• Mitigating Factors: Presenting mitigating factors, such as a lack of prior criminal history, character references, or circumstances surrounding the offense, can sometimes influence sentencing and lead to more favorable outcomes.
• Arguing for Lesser Included Offenses: An experienced attorney can argue for conviction on lesser included offenses that do not trigger NERA’s stringent requirements, potentially reducing the length and severity of your sentence.

Conclusion

New Jersey’s No Early Release Act requires 85% of a sentence for violent crimes before parole eligibility. Understanding the scope and implications of NERA is crucial if you are facing such charges.

A skilled defense attorney can guide you through NERA, challenge the prosecution, and seek the best outcome. Don’t leave your future to chance if you or a loved one faces charges under NERA. Seek the assistance of a knowledgeable attorney who can protect your rights and help you fight for your freedom.