Violent Offenses

If you are under investigation, or have been charged with a violent crime in New Jersey, you already know you are facing serious consequences, including the potential for a lengthy prison sentence and the impact on your future beyond that.

The government takes violent offenses very seriously. But the circumstances surrounding a charge of assault, battery, homicide, or other violent crimes are rarely straightforward. The charges against you may stem from mistaken identity or other misunderstanding. Your role in the incident may have been exaggerated by witnesses or even reversed; you might have been acting in self-defense.

The role of the government is to investigate, charge, prosecute, and punish crimes. A lot of manpower, and an enormous amount of resources, are devoted to those pursuits. Defending yourself in those circumstances can feel impossible, but you don’t have to stand alone against all the government’s power.

You are more than just the charges against you. An experienced violent crime lawyer is critical to ensuring that the truth is uncovered and your rights are protected. Contact Lamparello Law, Education & Advocacy to get the help you need at this critical time.

Violent Crime Charges and Punishments in New Jersey

In New Jersey, violent felonies are classified by degree from first to fourth, with first-degree offenses being the most serious. The punishments those crimes carry are as follows:

First-Degree Violent Crimes

This category includes the most serious violent crimes, including murder, aggravated manslaughter, carjacking, kidnapping, certain aggravated assaults, and armed robbery.

Penalties for these crimes include:

• Ordinary term of 10-20 years in state prison
• Fines of up to $200,000

First-degree violent crimes may also carry enhanced penalties beyond the ordinary term. For example, a term of murder may carry a penalty of 30 years to life, or life in prison without the possibility of parole.

Second-Degree Violent Crimes

Second-degree crimes include reckless manslaughter, certain aggravated assaults, certain robberies, certain vehicular homicides, and possession of a firearm for an unlawful purpose. Penalties include:

• Ordinary term of 5-10 years in state prison
• Fines of up to $150,000

People convicted of many first-degree and second-degree violent crimes must serve most of their sentence before becoming eligible for parole.

Third-Degree Violent Crimes

Vehicular homicide and aggravated assault are charged as third-degree crimes unless there are factors elevating the seriousness to second-degree. Other third-degree violent crimes include certain terroristic threats, certain aggravated assaults, and certain unlawful firearm possession. Third-degree offenses carry:

• Ordinary term of 3-5 years in state prison
• Fines of up to $15,000

For crimes that can be charged as third-degree or second-degree, the difference comes down to the level of harm and culpability involved. Prosecutors often charge both degrees simultaneously.

Fourth-Degree Violent Crimes

Simple assault and terroristic threats are among the crimes that can be charged as fourth-degree. Fourth-degree offenses carry:

• Up to 18 months in jail
• Fines of up to $10,000

Other violent offenses fall under the heading of “disorderly persons offenses.” While disorderly persons offenses are considered less serious relative to the categories above, a conviction can still result in up to six months in jail, fines of up to $1,000 and consequences that may affect your future employability and other aspects of your life.

To protect your future and your freedom, work with a knowledgeable violent crime attorney who knows the justice system and how best to safeguard your rights.

Enhanced Sentencing and Mandatory Terms in New Jersey

As mentioned above, the ordinary term of incarceration for first- through fourth-degree violent offenses is a baseline, but certain laws and circumstances can increase penalties.

New Jersey’s No Early Release Act (NERA) requires individuals convicted of the many of the most serious violent crimes to serve at least 85% of their sentence before becoming eligible for parole.

The Graves Act is another New Jersey law that can extend incarceration for people convicted of certain firearm offenses, including unlawful possession of a handgun, rifle, or shotgun or possession of a firearm for an illegal purpose. The Graves Act requires prison time for certain gun offenses, even for first-time offenders; limits plea bargaining and the availability of alternative sentences; and makes parole unavailable for a minimum period.

The Persistent Violent Offender Act is a “three strikes” law that allows judges to impose longer sentences (including life sentences) for people with repeat convictions of violent crimes. This law can result in prison sentences far above the ordinary terms listed above.

Even if none of the above statutes apply, New Jersey judges can impose enhanced sentences within the ordinary sentencing range for a violent crime if there are aggravating factors like:

• Serious harm
• Brutal or terrorizing conduct
• Whether the person charged had a leadership role in the crime or planned it
• The vulnerability of the victim
• Use of a weapon

A skilled violent crime attorney can protect your interests at every stage of your case, from investigation through trial and sentencing, including moving to suppress evidence that could make punishment more severe.