New Jersey Section 2C:43-7.2 – Mandatory service of 85% of sentence for certain offenses.
New Jersey’s No Early Release Act (NERA) Law – What You Need to Know
New Jersey’s No Early Release Act, also known as NERA, is a law that requires people convicted of certain violent crimes to serve at least 85% of their prison sentence before they can be eligible for parole. This law, which went into effect in 1997, is no joke – it means that if you’re convicted of a NERA offense, you’ll be spending a long time behind bars.
In this article, we’ll break down exactly how NERA works, what crimes it applies to, and what it means if you or a loved one is facing charges for a NERA offense. We’ll also talk about potential defenses and strategies if you’re dealing with a NERA case. Even though NERA cases are tough, there are still options and hope.
What is NERA?
NERA stands for “No Early Release Act” and it’s codified in New Jersey statute 2C:43-7.2. The law requires anyone convicted of a NERA offense to serve at least 85% of their sentence before they are eligible for parole.
For example, if you receive a 10 year prison sentence for a NERA charge, you would have to serve at least 8.5 years of that sentence before you could even be considered for parole. No ifs, ands, or buts about it.
NERA also requires offenders to serve their entire parole disqualifier (the 85% portion) before becoming eligible for parole. In the past, offenders could become eligible for parole after serving 1/3 or 1/2 of their disqualifier term. Not anymore under NERA!
In addition to the 85% requirement, many NERA offenses also require a mandatory 5 year term of parole supervision after release from prison. So not only will you serve 85% of your prison term, you’ll also be supervised for at least 5 years in the community.
What Crimes Does NERA Apply To?
NERA applies to the following first and second degree crimes:
- Murder
- Aggravated Manslaughter
- Manslaughter
- Aggravated Assault
- Disarming a Law Enforcement Officer
- Kidnapping
- Aggravated Sexual Assault
- Sexual Assault
- Robbery
- Carjacking
- Aggravated Arson
- Burglary (2nd degree)
- Extortion
- Booby Traps in Manufacturing or Distribution Facilities
- Strict Liability for Drug-Induced Deaths
- Terrorism
- Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices
- Racketeering (when it involves the crimes above)
- Leader of a Drug Trafficking Network
As you can see, NERA covers many of the most serious violent crimes in New Jersey. The full list of covered offenses is located in NJ statute 2C:43-7.2(d).
How Does a NERA Sentence Compare to a Regular Sentence?
To see the major difference between a NERA sentence and a regular sentence, let’s look at an example:
John is convicted of a 2nd degree robbery and sentenced to 10 years in prison.
If this were a normal 2nd degree sentence, John would be eligible for parole after serving 1/3 to 1/2 of his term, which would be 3 1/3 to 5 years.
But because robbery is a NERA charge, John must serve at least 85% of the 10 year sentence before parole eligibility. That’s 8.5 years he must serve, at minimum.
In addition, John will also get a mandatory 5 year parole supervision term after he’s released from prison. So his total sentence is 10 years in prison followed by 5 years of parole – a significant increase from what he’d face without NERA!
Are There Any Defenses if You’re Facing a NERA Charge?
Given the severe mandatory minimum sentences under NERA, the best defense is to avoid a NERA conviction in the first place.
Some strategies to consider:
- Plea bargain for a non-NERA charge – Prosecutors may allow a plea deal to an amended charge that doesn’t carry NERA penalties. For example, pleading guilty to a 3rd degree aggravated assault instead of a 2nd degree aggravated assault.
- Challenge the evidence and investigation – If the evidence against you is weak, an attorney may be able to get charges dismissed before trial. Thoroughly investigating the police work is key.
- Raise factual defenses – Defenses like alibi, self-defense, insanity, or mistaken identity can sometimes beat NERA charges at trial. An experienced attorney knows how to craft the right defense.
- File suppression motions – Before trial, your lawyer may be able to file motions to suppress certain evidence, like a confession you gave while in custody. Suppressing evidence could result in a dismissal.
- Mitigate at sentencing – If convicted at trial, your attorney can present mitigating circumstances to argue for the lowest NERA sentence possible. The goal is to get the least amount of prison time.
As you can see, all hope is not lost if you’re facing NERA charges. But you need to take action and work closely with an experienced criminal defense lawyer. Don’t go at it alone!
What Should You Do if You or a Loved One is Facing NERA Charges?
If you or someone you love has been arrested for a NERA offense, here are some steps to take immediately:
- Remain silent and ask for an attorney – Don’t talk to police without a lawyer present. Invoke your right to remain silent. Anything you say can and will be used against you.
- Hire an experienced criminal defense attorney – You need a lawyer who knows NERA inside and out. Find someone with a proven record of success handling NERA cases. Ask friends for referrals or search sites like Avvo.
- Follow your lawyer’s advice – Listen to your attorney’s guidance closely throughout the case. They know how to navigate the complexities of NERA. Don’t take actions that could hurt your case.
- Explore all options with your lawyer – Plea bargains, defenses, motions – make sure you understand all potential strategies for avoiding a NERA conviction. Be an engaged client.
- Get character references – Ask close friends, employers, etc to write letters vouching for your character. These can help at sentencing if convicted.
Dealing with a NERA charge is scary. But with an experienced attorney in your corner, you can get through this difficult time and come out the other side. Don’t wait – get help today!