How Does New Jersey Classify and Punish Violent Crimes?

New Jersey imposes severe penalties for offenses that involve physical harm or the threat of harm to another person. Violent crimes in New Jersey generally fall under indictable offenses, equivalent to felonies in other states, and are divided into four degrees, with first-degree offenses carrying the most severe penalties. Due to the heavy punishments possible, these criminal charges demand the most zealous and skilled legal defense.

The following are considered violent crimes under New Jersey law:

1. Murder and manslaughter — Murder is the unlawful intentional killing of another person. First-degree murder is subject to the harshest penalties, including life imprisonment. Manslaughter is taking a life by recklessness or in the heat of passion resulting from reasonable provocation. 
2. Aggravated assault — This crime consists of causing or attempting to cause serious bodily harm to another person, usually by use of a weapon. It can also be charged when an assault victim is a law enforcement officer, teacher or other protected individual.
3. Robbery — Using force or the threat of force to take something of value from another person is a violent crime. Armed robbery, in which a weapon is involved, carries enhanced penalties.
4. Sexual assault — This offense includes any form of non-consensual sexual contact, especially when force or coercion is involved. More severe penalties are imposed for sexual offenses against minors or other vulnerable individuals.
5. Kidnapping — The unlawful confining or transporting of another person, often with intent to commit another crime, is a violent crime. The level of harm or threat of harm to the victim increases the potential penalties.
6. Weapons offenses — The unlawful possession or use of a firearm or another deadly weapon during commission of a crime is classified as violent, especially if the weapon was brandished or was used to cause injury.

Violent crimes are subject to more severe punishments, including longer prison sentences, mandatory minimums and restrictions on parole eligibility. The following is a summary:

1. Grading of offenses — Most violent crimes are first- or second-degree offenses in New Jersey. A first-degree offense, like murder and aggravated sexual assault, can draw a sentence of 10 years to life imprisonment. A second-degree offense, including assault or robbery, can carry a term of five to 10 years.
2. Mandatory minimum sentences — New Jersey imposes mandatory minimum sentences for certain violent crimes. Under the No Early Release Act (NERA), offenders convicted of specified violent crimes must serve at least 85 percent of their sentence before being eligible for parole.
3. Enhanced sentencing — Enhanced penalties can be imposed if aggravating factors accompanied the crime, such as using a deadly weapon or doing harm to a vulnerable person. Repeat offenders face harsher sentences under New Jersey’s “three strikes” law.

In view of the heavy penalties possible, if you have been charged with a violent crime, you need an aggressive and experienced criminal defense attorney who can begin to fight for you as soon as possible. 

The Law Office of David Jay Glassman is committed to defending those accused of even the most serious violent crimes. With offices in Marlton, New Brunswick, Hackensack and Newark, our legal team handles cases throughout New Jersey. To arrange a free consultation, contact us online or call us at 856-596-8778.