Even with Good Behavior, Certain Convictions can Keep You Incarcerated for More than Minimum Term
Most of the time, a person sentenced to time in jail or prison for a criminal conviction will be subject to parole, or early release, after having served his or her minimum term, as set by the judge or statute, or one-third of the sentence minus time for good behavior if no mandatory was imposed. New Jersey's parole eligibility statute, N.J.S.A. 30:4-123.51, outlines the requirements for those incarcerated, and the calculations differ depending on the offense committed.
For certain crimes, a conviction can mean you will remain in prison for a minimum of 85% of the term you were sentenced to. This 85% minimum term applies for approximately eighteen crimes, in addition to the attempt or conspiracy to commit any of the criminal acts. New Jersey's “No Early Release Act” criminal statute, N.J.S.A. 2C:43-7.2(d), provides that a court shall fix a minimum term of 85% of the sentence imposed before parole eligibility upon a conviction of the following crimes:
- Aggravated Manslaughter or Manslaughter;
- Vehicular Homicide;
- Aggravated Assault;
- Disarming a Law Enforcement Officer;
- Aggravated Sexual Assault;
- Sexual Assault;
- Aggravated Arson;
- Booby Traps in Manufacturing or Distribution Facilities;
- Strict Liability for Drug-Induced Deaths;
- Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices; or
NJ Woman Facing Heavy Sentence Under No Early Release Act
Recently, a grand jury in Monmouth County indicted a Bayville woman for her role in a fatal car accident that occurred in Howell last January, resulting in the death of a 26-year-old woman of Freehold, NJ. Bilgye Santamaria, who had three children in the car at the time of the crash, is facing second-degree vehicular homicide (N.J.S.A. 2C:11-5) and three counts of endangering the welfare of a child. The second-degree vehicular homicide charge carries with it a maximum sentence of ten years in prison and is subject to the No Early Release Act, outlined above. Santamaria is also facing a sentence of up to five years in prison for the endangering the welfare of a child charge.
Villani & DeLuca is Your NJ Criminal Defense Law Firm
If you have been charged with any of the above criminal offenses, contact the law firm of Villani & DeLuca, P.C., where our experienced criminal defense attorneys can help protect your rights. The criminal defense attorneys at Villani & DeLuca have many years of experience representing residents of Ocean County and Monmouth County, New Jersey. Call (732) 709-7757 to schedule a free initial consultation today!
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