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.

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