The No Early Release Act (NERA) in New Jersey affects sentences for violent crimes, including certain assault cases. This law ensures that offenders serve most of their sentences before parole. Understanding NERA is crucial for defendants facing assault charges in New Jersey. Let us explore how this act affects sentencing and what it means for those accused of violent crimes.
What crimes fall under NERA?
NERA covers many crimes, like first-degree crimes, second-degree violent crimes, and some drug crimes. For assault cases, NERA usually applies to:
- Aggravated assault
- Assault by auto or vessel
- Assault on a law enforcement officer
Under NERA, people convicted of these crimes must serve at least 65% of their sentence before getting parole. This rule means they spend much more time in prison than people convicted of non-NERA crimes.
How does NERA affect sentencing and parole eligibility?
NERA’s impact on sentencing and parole is substantial:
- Mandatory minimum: Offenders must serve at least 65% of their sentence.
- Limited good time credits: Inmates cannot reduce their sentences below the 65% threshold through good behavior.
- Extended supervision: Upon release, offenders face a mandatory period of parole supervision.
For example, a defendant sentenced to 10 years for aggravated assault must serve at least 6.5 years before parole eligibility. This extended incarceration period aims to ensure that violent offenders serve a sizable portion of their sentence.
What should you consider when facing NERA charges?
NERA’s severe consequences make it crucial to understand your rights and options when facing charges for violent crimes in New Jersey. The complexities of NERA and its application to specific cases often require a thorough understanding of criminal law. An attorney can help explain your situation, potential defenses, and the possible outcomes of your case. Their insights can prove invaluable in going through the legal process and working towards the best possible resolution for your circumstances.