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Essentials of New Jersey’s Three Strikes Rule

As in baseball, three strikes in the criminal arena can mean that a convicted felon is out. In criminal law, three strikes refer to criminal convictions. Many states enacted three-strikes laws to deter repeat offenders from re-offending and secure public safety. New Jersey has a three-strikes law, which is modeled after the federal law punishing dangerous repeat offenders with lifetime incarceration. New Jersey passed the Persistent Offender Accountability Act in 1995, its version of the three-strike law. The 3-Strikes Rule in New Jersey severely punishes a convicted offender of serious, violent crimes after two convictions when facing a third. The third conviction leads to a sentence of life imprisonment.

For Three Strikes in NJ Criminal Courts, What Charges Matter?

N.J.S.A. 2C:43-7.1 requires a life in prison sentence for certain criminal convictions and an extended prison sentence for others. Essentially, the criminal sentence for anyone with two convictions will be harshest for the third if the convictions are for any of the following:

• Murder
• Aggravated manslaughter
• Kidnapping
• Robbery
• Burglary
• Carjacking
• Aggravated sexual assault
• Sexual assault
• Other Sex offenses
• Arson
• Assault
• Weapons charges

One of my Strikes Happened as a Juvenile, Will that be Used Against Me?

As of February 2022, minors are also subject to the three-strikes law. In State vs. Samuel Ryan, the New Jersey Supreme Court ruled that a juvenile’s serious violent crimes count as strikes. Thus, a juvenile or adult with juvenile offenses can face prison for the remainder of their life for crimes they committed as minors. Some examples that may come to mind include juvenile robbery, juvenile burglary, juvenile aggravated assault, juvenile arson, and juvenile sexual assault.

Some criticize the law as far too harsh, given that minors lack the maturity to fully recognize the impact of their actions and that the New Jersey Juvenile Justice System aims for juvenile rehabilitation whenever possible. However, judges may consider the age and maturity of the defendant when they committed the crime as mitigating factors in determining sentencing.

I Have 3 Strikes in New Jersey, Now What?

A defendant is facing life imprisonment without parole for a third-strike conviction for a serious, violent crime. However, the three strikes law may apply to anyone with three criminal convictions regardless of the time elapsed between the convictions or where the crimes were committed, in the state or elsewhere.

For criminal convictions for all but the most serious, a defendant faces an extended term of imprisonment of 10 to 30 years, depending on the degree of the crime. For instance, a second degree criminal conviction for aggravated assault is punishable by 5 to 10 years in prison, but as a strike, the punishment may be 20 years.

Judicial Discretion under New Jersey’s Three Strikes Law

Importantly, New Jersey judges have discretion in all three strikes sentencing. Unlike other states, New Jersey’s law allows judges to consider mitigating factors to lessen the sentence in a third-strike case. Judges consider factors when sentencing a third-strike offender, including the defendant’s age, when they committed the prior crimes, and the crime under consideration as a third strike. They can also look at the events and circumstances leading to the crime under consideration and the defendant’s risk as a future danger to society.

While a judge may consider mitigating factors when sentencing a defendant on their third strike, they cannot arbitrarily remove a prior conviction to lower the sentence. However, an attorney may be able to help a client avoid a three-strikes sentence if one of the prior convictions was overturned on appeal. If the sentence was already issued, a criminal defense lawyer may be able to use the Appellate Division’s decision to overturn one of the previous convictions to get that conviction removed and potentially change the sentence for the third strike.

Distinction Between 3 Strikes and NERA Sentencing in NJ

While the three strikes law enhances punishment to deter repeat offenders, the law differs from other New Jersey deterrence laws, like the No Early Release Act, which also aims to severely punish serious violent crimes. Under the No Early Release Act, a defendant convicted of a violent crime must serve 85% of their sentence without the possibility of parole, even if it is their first criminal conviction. The three strikes law does not have such a restriction, so a judge may sentence a defendant to life in prison without the possibility of parole, but only after the third strike.

Facing New Charges with a Prior Record in Burlington County NJ? Contact an Attorney at Proetta, Oliver, & Fay Today

A third strike most likely means a lengthy prison sentence in New Jersey. As such, the best way to avoid a harsh sentence is to avoid a conviction for strike three. That is where an experienced criminal defense attorney at Proetta, Oliver, & Fay comes into play. If you face a third-strike conviction, you want the best defense possible to avoid the possibility of life imprisonment or an enhanced sentence. With our firm’s exclusive focus on criminal law, our lawyers know that there are several ways to defeat the state’s case against you. Even with all the prosecutor’s evidence presented to the jury, our tactically-minded criminal defense lawyers can still possibly help you win an acquittal and avoid a three-strike sentence.

Proetta, Oliver, & Fay has our offices in Evesham Township, New Jersey, right in the heart of Burlington County. We defend clients against all manner of criminal charges in the Burlington County area and surrounding counties such as Camden County, Gloucester County, Mercer County, and southern New Jersey. Contact us online or call  609-850-8284 for a free consultation regarding your third-strike criminal charges and find out how you can benefit from a criminal defense attorney on our team.