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No Early Release Act (“NERA”)

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A conviction of a first or second degree Indictable (aka Felony) in the State of New Jersey may subject a criminal offender to the No Early Release Act (“NERA”). NERA imposes a mandatory minimum percentage of incarceration (85%) that a criminal offender must serve in prison before being eligible for parole.

Which Indictables are Subject to NERA?

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The below first and second degree Indictables are subject to NERA:

1. Murder (2C:11-3)

2. Aggravated Manslaughter or Manslaughter (2C:11-4)

3. Vehicular Homicide (2C:11-5)

4. Aggravated Assault (2C:12-1(b))

5. Disarming a Law Enforcement Officer (2C:12-11(b))

6. Kidnapping (2C:13-1)

7. Aggravated Sexual Assault (2C:14-2(a))

8. Imputed Sexual Assault Upon Sexual Contact (2C:14-2(b))

9. Robbery (2C:13-1)

10. Carjacking with Bodily Injury (2C:15-2(a)(1))

11. Aggravated Arson (2C:17-1(a)(1))

12. Burglary (2C:18-2)

13. Extortion (2C:20-5(a))

14. Bobby Traps in Manufacturing or Distribution Facilities (2C:35-4.1(b))

15. Strict Liability for Drug Induced Deaths (2C:35-9)

16. Terrorism (2C:38-2)

17. Producing or Possessing Chemical Weapons, Biological Agents, or Nuclear or Radiological Devices (2C:38-3)

18. Racketeering in the First Degree (2C:41-2)

19. Firearms Trafficking (2C:39-9)

20. Causing or Permitting a Child to Engage in a Prohibited Sexual Act, Knowing that the Act may be Reproduced or Reconstructed in any Manner or be Part of an Exhibition or Performance (2C:24-4(b)(3)).
     

A criminal offender convicted of any of the above crimes in the first or second degree MUST serve at least 85% of their sentence before being eligible for parole. For example, a 10 year sentence of incarceration for Second Degree Robbery means that pursuant to NERA, the criminal offender must serve at least 8.5 years in New Jersey State Prison before they are eligible for parole.

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Why You Need an Experienced Criminal Defense Attorney?

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First and second degree Indictables may carry mandatory minimum terms of incarceration in State prison. Courts must apply NERA in certain instances therefore it is crucial that you or your loved one retain an experienced criminal defense attorney to achieve a favorable resolution. Crimes subject to NERA involve lengthy terms of incarceration and significant fines. However, experienced criminal defense attorneys are available at Karpus Law.

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Please call (973) 645-9453 to schedule a free consultation.