New Jersey Section 2C:43-7 – Sentence of imprisonment for crime; extended terms.

New Jersey’s Extended Term Sentencing Laws: An Overview for Criminal Defense Lawyers

New Jersey’s extended term sentencing laws, found in Section 2C:43-7 of the state’s criminal code, allow judges to impose longer prison sentences on certain offenders convicted of crimes. As a criminal defense attorney practicing in New Jersey, it’s important to understand these extended term provisions so you can effectively advise clients and develop strategies to avoid harsher punishments. This article provides an overview of New Jersey’s extended term sentencing scheme and key considerations for criminal defense lawyers.

When Can Extended Terms Be Imposed?

There are several circumstances under New Jersey law that can trigger extended terms of imprisonment, including:

• Persistent offenders – Defendants who have been previously convicted on at least two separate occasions can face extended terms if the latest offense was committed within 10 years of the prior convictions (N.J.S.A. 2C:44-3a).
• Repeat drug offenders – Repeat offenders convicted of manufacturing, distributing, dispensing, or possessing CDS with intent can receive extended terms between one-third and one-half of the original sentence under the Comprehensive Drug Reform Act (N.J.S.A. 2C:43-6f).
• Graves Act offenses – Defendants who commit certain firearm possession offenses under the Graves Act may be sentenced to an extended term between one-third and one-half of the original sentence (N.J.S.A. 2C:43-6c).
• Offenses against vulnerable victims – If the victim was 60 years of age or older, or disabled, the court can impose an extended term of up to life imprisonment (N.J.S.A. 2C:44-3g).
• Hate crimes – Extended terms apply when the defendant committed certain bias offenses (N.J.S.A. 2C:16-1).
• Sex crimes – Repeat sex offenders and those who commit aggravated sexual assault can receive extended terms (N.J.S.A. 2C:14-6; 2C:43-7c).

The extended term sentencing laws also apply in other specific circumstances, such as offenses committed by juvenile offenders tried as adults (N.J.S.A. 2C:43-7.1) or where the defendant was involved in organized criminal activity (N.J.S.A. 2C:43-7.2).

It’s critical for defense lawyers to identify any issues related to extended term eligibility early on when advising clients who are charged with crimes in New Jersey.

Procedural Requirements for Imposing Extended Terms

Before a judge can apply an extended term sentence, certain procedural requirements must be met:

• The prosecutor must file a motion seeking an extended sentence within 14 days of conviction or entry of guilty plea, and establish grounds for an extended term by a preponderance of the evidence.
• The court must find aggravating factors that justify an extended term, which outweigh mitigating factors, per State v. Dunbar.
• For certain extended terms, there must be a separate post-conviction hearing where the prosecution proves prior convictions beyond a reasonable doubt.
• When required, the court should instruct the jury to determine any facts related to imposing an extended term.
• The judge must state reasons on the record for the extended sentence imposed.