Three Strikes Rule in New Jersey Criminal Cases
Criminal Sentencing Defense Lawyer in Passaic County, New Jersey
Alissa D. Hascup represents clients throughout New Jersey, including Paterson, Newark, Clifton, and Wayne, who have been involved in domestic violence related incidents and subsequently charged with criminal offenses such as murder, possession of a weapon for an unlawful purpose, robbery, and aggravated assault.
Ms. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is also a former special deputy attorney general and assistant prosecutor, who handled cases ranging from sexual assault and luring to burglary and terroristic threats during the course of her career. Now she is on your side.
If you have pleaded guilty to or been found guilty of a domestic violence related crime, the consequences can be severe. It is imperative for you to have an experienced attorney represent you at all critical stages of the process, including Sentencing, and fight on your behalf for the best possible outcome – especially if it is your third strike. Contact the Law Office of Alissa Hascup, LLC anytime for an initial consultation, which is always provided free of charge.
Three Strikes in New Jersey: N.J.S.A. 2C:43-71
N.J.S.A. 2C:43-7.1 contains two separate sentencing provisions.
a. Life Imprisonment Without Parole
A life sentence with no parole (except as otherwise provided) is required for a third conviction of a first degree under any of the following sections of the Code:
- Murder, N.J.S.A. 2C:11-3
- Aggravated Manslaughter, N.J.S.A. 2C:11-4
- Kidnapping, N.J.S.A. 2C:13-1
- Aggravated Sexual Assault, N.J.S.A. 2C:14-2a
- Robbery, N.J.S.A. 2C:15-1
- Carjacking, N.J.S.A. 2C:15-2
b. Extended Term for Repeat Violent Offenders
An extended term of imprisonment is required for a person who: (1) has been convicted of either one of the listed crimes (mostly second degree) or one of the first degree crimes listed in subsection a (above) AND (2) has been convicted before of two crimes from either list.
NOTE: The dates of the prior convictions are irrelevant. For purposes of these sentencing provisions, convictions under any similar statute of the United States or any other State for a crime that is substantially equivalent to a crime under any of the above sections will also be considered.
You must be given notice that you are subject to the provisions of the “Three Strikes” law and a hearing must be held to establish the eligibility for an enhanced sentence. The standard of proof at that hearing is proof beyond a reasonable doubt. See State v. Oliver, 162 N.J. 580, 590-591 (2000).
Contact a Paterson NJ Criminal Sentencing Lawyer to Discuss Your Case
If you find yourself in a situation where you or a loved one have been charged with a criminal offense as a result of a domestic violence or other related incident that may subject you to the provisions of the “Three Strikes” law, it is imperative that you contact a lawyer immediately. Alissa D. Hascup understands the importance of attacking the State’s case and limiting your exposure to the greatest extent possible. She is prepared to use her extensive experience and knowledge of the law to your advantage.
Contact the Law Office of Alissa Hascup, LLC now to schedule your free initial consultation. Alissa D. Hascup is ready to fight for you. Call or email Ms. Hascup today.