• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Press Room
    • Why Choose Villani & DeLuca
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

NJ "No Early Release Act" Requires Longer Sentences Before Parole

January 14, 2013 by Carmine Villani

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:

  • Murder;
  • Aggravated Manslaughter or Manslaughter;
  • Vehicular Homicide;
  • Aggravated Assault;
  • Disarming a Law Enforcement Officer;
  • Kidnapping;
  • Aggravated Sexual Assault;
  • Sexual Assault;
  • Robbery;
  • Carjacking;
  • Aggravated Arson;
  • Burglary;
  • Extortion;
  • Booby Traps in Manufacturing or Distribution Facilities;
  • Strict Liability for Drug-Induced Deaths;
  • Terrorism;
  • Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices; or
  • Racketeering

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 732-965-3350 to schedule a free initial consultation today!

Categories: NJ Criminal Defense Blog

Primary Sidebar

Free Consultation

Recent Posts

  • What Happens in a Divorce Mediation in New Jersey?
  • How Much Does Divorce Mediation Cost?
  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2022 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap