How much time will I serve?

First offenders who are convicted of a 3rd or 4th degree crime are presumed to not go to jail


Persistent Offenders - N.J.S.A. 2C:43-7.1 - 

Once we establish what the underlying predicate crime is and the degree of the crime we have to consider a few things:  Probation eligibility, Ineligibility, Graves Act


Parole - No Parole from State prison until you serve 9 months - no parole from County until 60 days or 1/3rd of sentence served (whichever is greater)


Pursuant to N.J.S.A. 2C:43-7.2, certain crimes of the 1st and 2nd degree have parole ineligibility factors.  If you have been convicted of one of the following crimes, you must serve a minimum 85% of the sentence before being eligible for parole.  In addition, such defendants shall be placed on probation after serving their sentence for a minimum 5 years for a first degree crime and 3 years for a second degree crime.

(1) N.J.S.2C:11-3, murder;

(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

(3) N.J.S.2C:11-5, vehicular homicide;

(4) subsection b. of N.J.S.2C:12-1, aggravated assault;

(5) subsection b. of section 1 of P.L.1996, c. 14 (C.2C:12-11), disarming a law enforcement officer;

(6) N.J.S.2C:13-1, kidnapping;

(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

(9) N.J.S.2C:15-1, robbery;

(10) section 1 of P.L.1993, c. 221 (C.2C:15-2), carjacking;

(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;

(12) N.J.S.2C:18-2, burglary;

(13) subsection a. of N.J.S.2C:20-5, extortion;

(14) subsection b. of section 1 of P.L.1997, c. 185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;

(15) N.J.S.2C:35-9, strict liability for drug induced deaths;

(16) section 2 of P.L.2002, c. 26 (C.2C:38-2), terrorism;

(17) section 3 of P.L.2002, c. 26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;

(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree:

(19) subsection i. of N.J.S.2C:39-9, firearms trafficking; or

(20) paragraph (3) of subsection b. of N.J.S.2C:24-4, 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.

© Avery & Avery, Esqs., 2012-2017 All rights reserved. Robert W. Avery, Esq., John S. Avery, Esq., www.averylaw-nj.com, www.drugcrimedefenselawyer-nj.com,  www.criminaldefenselawyer-nj.com, www.trafficticketlawyer-nj.com and Avery & Avery, Esqs. own all intellectual property rights, including all copyrights, in and related to the content and top design of this site and the organization of the information contained in this site. Disclaimer: This website is made available by Robert W. Avery, Esq., and Avery & Avery, Esqs., to give you general information and a general understanding of the law, not to provide specific legal advice.  By using this website, you understand that there is no attorney client relationship between you and the website publisher.  Communication by you (via email, facsimile, or telephone) does not create an attorney client relationship, which can only be accomplished by a written retainer agreement between lawyer and client.  Our top priority is to provide all of our clients and those who search for us, whether for personal injury matters, general trial work, criminal arrests, drug and marijuana arrests, municipal court dui dwi drunk driving arrests and breathalyzer/alcotest refusal representation, or for estate planning, estate administration, powers or attorney, living wills, advance directives, or for their last will and testament, with the best expert representation and best defense available anywhere. Our primary practice and expertise is in the Bergen County, Hudson County, Passaic County, Morris County, Essex County, Sussex County and North New Jersey region.