The New Jersey criminal judge hearing your case may use discretion when ruling on an appropriate punishment for your criminal offense. They may weigh state laws surrounding statutory sentences and mandatory minimums for your specific offense, along with possibly aggravating factors surrounding your incident. Namely, they may carefully consider whether you have an existing criminal record with a previous violent crime offense. With that being said, please continue reading to learn what happens to your sentence if you have prior violent crime convictions and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C., can work to counteract this with other arguments.
What happens to my sentence if I have a prior violent crime conviction?
If you have a prior violent crime conviction, your current criminal offense may be more severe in the eyes of the New Jersey criminal judge. With that, they may impose a harsher sentence on you, especially if your current offense is also classified as a violent crime. It is important to note that there is such a thing as the Persistent Offenders Act. This Act may allow a judge to sentence you to an extended prison sentence, beyond the state’s standard maximum sentences, if you have two or more prior violent crime convictions. So, instead of 20, 10, or five years for a repeat first-degree, second-degree, or third-degree indictable offense, respectively, you may face up to a lifetime, 20 years, or 10 years.
What’s more, with the Three Strikes law, if this is your third violent crime offense, the judge may automatically order you to a lifetime of prison without the opportunity for parole. No matter, even if this is only your first violent crime offense, the No Early Release Act holds that you cannot petition for parole until you have served at least 85 percent of your prison sentence. These are hard-stop rules that the judge has very little to no leeway around.
What are potential factors that may mitigate my sentence instead?
Your prospects may seem dim if aggravated factors like prior violent crime convictions play into your current criminal trial proceedings. However, you may still have opportunities to defend yourself and argue against the imposition of an extended sentence or other harsh punishments. That is, you may point out the following to the New Jersey criminal judge:
- You had minimal participation in the overall criminal offense in question.
- You have a mental health issue for which you are seeking active rehabilitation.
- You have genuine remorse and take full accountability for your current criminal offense.
- You cooperated with law enforcement to help with the investigation and resolve the case.
- You committed your criminal offense while under coercion, duress, or an imminent threat.
- You have a good moral character as advocated by your loved ones and other reputable parties.
You must retain legal representation before you even get close to hearing your ultimate sentence. So please, contact one of the experienced New Jersey & Pennsylvania criminal defense lawyers from The Vigilante Law Firm, P.C. today.
