When people ask, “What is New Jersey’s three strikes law?“ the answer is that it is one of the harshest sentencing statutes in the state. Under this law, repeat offenders who commit certain violent crimes can face life in prison without the possibility of parole.
At the Law Offices of Jonathan F. Marshall, our team of experienced criminal defense lawyers has seen firsthand the devastating impact this statute can have on individuals and their families. In this blog, we explain how the law works, which crimes fall under the three-strikes law, and whether judges have any discretion when sentencing. We will also look at how an experienced criminal defense attorney can help protect your rights in the criminal justice system.
What Is the Three Strikes Law?
New Jersey’s three strikes law is found at N.J.S.A. 2C:43-7.1. Enacted in 1995, the law is designed to target persistent violent offenders convicted of serious violent crimes. The law requires that a person convicted of a third qualifying offense be sentenced to life in prison without the possibility of parole.
This law is part of a broader trend by states during the 1990s to enact laws to combat violent recidivism. While some states allow parole or less severe penalties after three convictions, New Jersey’s law is considered particularly harsh because it eliminates the possibility of parole after a third conviction of certain violent crimes.
What Crimes Fall Under the Three Strikes Law?
Many people have questions about what crimes fall under the three-strikes law. In New Jersey, the law applies to a set of first-degree violent offenses. These include:
Notably, not every prior conviction qualifies as a “strike.” For example, burglary and aggravated assault do not automatically count under this statute. Only individuals convicted of the specific violent offenses listed in the statute trigger the three strikes consequence of life without parole.
Do Juvenile Offenses Count Towards the Three Strikes?
A common concern is whether juvenile offenses can be considered strikes. Under New Jersey law, the three-strikes statute applies to convictions of adults prosecuted in criminal court, not findings in juvenile court.
However, if a juvenile is transferred to adult court and convicted of a qualifying crime as an adult, that conviction could count toward the three-strikes tally. This distinction highlights the importance of understanding how charges are filed and adjudicated.
What Happens After You Get Three Strikes?
Once an individual is convicted of a third qualifying offense under New Jersey’s three strikes law, the punishment is severe: mandatory life imprisonment without parole. Unlike many other sentencing schemes, there is no eligibility for parole after serving a certain number of years.
This raises the question of judicial discretion. Does a judge have any leeway when imposing prison sentences under this law? Unfortunately, the answer is essentially no. The statute explicitly states that the court shall impose a sentence of life imprisonment without parole upon conviction for a third violent crime. Judges cannot deviate from this penalty, even if there are mitigating circumstances such as the defendant’s age, health, or other personal factors.
What Efforts Have Been Made to Reform New Jersey’s Three Strikes Law?
Since its enactment, New Jersey’s three strikes law has faced challenges and calls for reform. Critics argue that mandatory life sentences without parole remove judicial discretion and can lead to disproportionately harsh outcomes.
Reform efforts have included:
- Legislative proposals to broaden judicial discretion in sentencing, allowing courts to consider the individual circumstances of each case.
- Advocacy from organizations such as the National Association of Criminal Defense Lawyers (NACDL) argues that mandatory sentencing laws contribute to prison overcrowding and fail to reduce crime rates.
- Judicial scrutiny, with courts reviewing appeals and constitutional challenges. However, the law has generally been upheld as valid.
While some states have rolled back their three strikes laws, New Jersey’s remains in effect today.
How Can a Criminal Defense Lawyer Help?
If you have been charged with committing a serious or violent crime in New Jersey, you need a reputable criminal defense lawyer who will fight for your rights. If you are charged with murder, robbery, kidnapping, or another violent crime, the stakes could not be higher. A skilled criminal defense lawyer with The Law Offices of Jonathan F. Marshall can help in several ways:
- Challenging the evidence: Violent felony cases often hinge on eyewitness testimony, forensic reports, or digital evidence. A knowledgeable defense attorney can analyze the evidence for weaknesses.
- Negotiating charges: In some cases, it may be possible to negotiate entering a plea to reduced charges that are not covered by the state’s three strikes law.
- Raising constitutional defenses: If police violated your rights during an arrest or investigation, an experienced defense attorney may be able to suppress the evidence or seek dismissal of the charges.
- Building a trial strategy: If you have two prior criminal convictions of violent crimes and are facing life imprisonment if convicted again, you need a dedicated N.J. defense lawyer who can craft a defense strategy tailored to the specific facts of your case.
Because judges have no discretion once a third strike conviction occurs, the defense work must focus on preventing that third strike from being entered in the first place. As such, early, aggressive legal representation becomes imperative.
Call Our New Jersey Criminal Defense Lawyers for Help
New Jersey’s three-strikes law carries a harsh sentence upon conviction. If you or a loved one is facing charges that could count as a strike on your record, you need trusted legal guidance. The legal team at the Law Offices of Jonathan F. Marshall has over 200 years of combined criminal defense experience and a proven record of helping clients fight serious charges.
If you are under investigation or have been charged with a violent felony, you need a strong defense immediately. Do not wait until it is too late. Our New Jersey criminal defense attorneys know how to challenge the state’s case, explore every option for reducing charges, and protect your freedom and future. To learn how we can assist you, contact us online today to schedule a consultation.
