People sometimes think of sentencing in a criminal case as a rigid penalty dictated by law. In reality, sentencing can be more fluid and subject to the judge’s discretion. In some cases, the law imposes a minimum sentence that must be served before a convicted defendant may be eligible for parole or early release. A mandatory minimum sentence is one thing convicted defendants cannot normally get around.
While some mandatory minimums are imposed categorically, others are based on the presence of aggravating factors. For example, a mandatory minimum sentence might be imposed or adjusted if a weapon was used or if the crime involved a minor. Whether your charges come with mandatory minimums should be discussed with your attorney. Avoiding a harsh mandatory minimum sentence can best be accomplished by avoiding a conviction. However, depending on the situation, your lawyer might help you refute certain aggravating factors to avoid a mandatory minimum.
Get in contact with our NJ criminal defense lawyer at the Law Offices of John J. Zarych by calling (609) 616-4956 to get a free initial case review.
What is a Mandatory Minimum Sentence in NJ?
When a judge hands down a prison sentence, it often includes a range of years to be served, according to sentencing guidelines. The lower end of this range is not necessarily a mandatory minimum sentence. Actual time served could be less than the minimum sentence in some cases.
In many cases, convicted defendants serve less time than the minimum sentence because of good behavior. However, under certain circumstances, a sentence may include minimum terms that must be fulfilled before the defendant can even be considered for parole or early release. These are mandatory minimum sentences.
What makes a mandatory minimum sentence unique is that the judge cannot use their discretion to go around them. They are often required as a matter of law and beyond the judge’s discretion. For example, under the Graves Act, the presence of a firearm during the commission of certain crimes means that a mandatory minimum sentence of one-half of the maximum sentence of 42 months, whichever is longer, must be imposed. Again, a judge usually has no discretion to waive the mandatory minimum sentence requirement. However, our Ocean City, NJ criminal defense lawyers might undermine certain facts that might trigger mandatory minimums to hopefully help you avoid them.
Defendants who receive a mandatory minimum sentence cannot get out early or be eligible for parole before the mandatory minimum sentence is served. This means there are no credits for good behavior or anything else that can cut the mandatory minimum sentence short.
Deciding Whether to Increase the Mandatory Minimum Sentence for a Case in NJ
In some cases, the mandatory minimum sentence depends on whether certain aggravating factors are present. For example, the presence of firearms or the involvement of minors might trigger mandatory minimum requirements for certain charges. If certain factors might be used to impose mandatory minimum sentences, these factors must be proven beyond a reasonable doubt as determined by the jury.
In cases like this, a mandatory minimum sentence might not be automatically handed down upon conviction. Instead, the jury must decide whether the prosecutor proved the necessary aggravating factors beyond a reasonable doubt. This is where your attorney can offer you major help. By refuting the existence of these aggravating factors and presenting contrary evidence and mitigating factors, we might convince a jury that there is too much reasonable doubt, and you might avoid a mandatory minimum sentence.
Does Mandatory Minimum Sentencing Apply in All Criminal Cases in NJ?
Mandatory minimum sentencing does not always apply. Many cases do not involve mandatory minimums, and convicted defendants might have the opportunity to be paroled or secure an early release for good behavior. Check with your lawyer to see if your specific charges are subject to mandatory minimums.
Some offenses are subject to mandatory minimum sentencing categorically. For example, under New Jersey’s No Early Release Act (NERA), which can be found under N.J.S.A. § 2C:43-7.2(a), certain violent crimes graded as a first or second-degree crime are subject to mandatory minimum sentencing requirements in almost every case. Under this law, a convicted defendant must serve at least 85% of their total sentence before they can be considered for any form of early release.
Remember, this particular law only applies to first or second-degree indictable crimes contained in § 2C:43-7.2(d). These are usually violent offenses that might be classified as felonies in other states. Offenses including murder, aggravated assault, kidnapping, robbery, and carjacking require mandatory minimum sentences. This does not apply to disorderly persons offenses or lesser indictable crimes.
Can I Avoid a Mandatory Minimum Sentence in NJ?
One of the most frustrating things about mandatory minimum sentencing requirements is that they can be very hard to avoid. Even so, it might be possible to circumvent mandatory minimums, depending on the nature of your charges, the facts of the case, and how mandatory minimum sentencing may be applied in your case.
In cases where mandatory minimum sentencing is mandatory for a specific charge, the only way to avoid it is likely to avoid a conviction. In NERA cases where all offenses under a certain category of crimes described by statute are subject to mandatory minimums, the only way to avoid a mandatory minimum sentence might be to avoid a conviction altogether.
If mandatory minimum sentencing may be imposed or adjusted based on aggravating factors, we must work to refute those factors so they cannot be proved beyond a reasonable doubt. For example, suppose the presence of a gun would trigger mandatory minimum sentencing. In that case, we can focus on getting the gun excluded or disproving that the gun was present during the alleged offense.
Speak to Our NJ Criminal Defense Attorneys Today for Assistance
Get in contact with our Egg Harbor, NJ criminal defense lawyer at the Law Offices of John J. Zarych by calling (609) 616-4956 to get a free initial case review.
