If you’ve been accused of a violent crime, New Jersey’s No Early Release Act (NERA) could affect your sentence. Under this law, certain violent crime sentences include a long period of mandatory prison time before you can even be considered for parole.
Learning how NERA works can help you understand what’s at stake before you go to court—and the sooner you work with an experienced criminal defense lawyer, the sooner you can make informed decisions about your defense.
Keith Oliver Criminal Law can explain the No Early Release Act in NJ and fight for the best possible outcome in your case. Contact us today to find out how we can help.
What Is the No Early Release Act (NERA)?
The No Early Release Act is a New Jersey law found at N.J.S.A. 2C:43-7.2. It applies to certain first- or second-degree crimes that involve violence or the threat of violence. Anyone sentenced under NERA must serve 85 percent of their sentence before they’re eligible for parole.
The law was passed in 1997 to keep people convicted of serious violent crimes in prison longer—in other words, it promotes public safety by reducing opportunities for early release. Some of the offenses affected by NERA include:
- Aggravated manslaughter
- Carjacking
- Kidnapping
- Aggravated sexual assault
- Armed robbery
- Attempted murder
- Aggravated assault causing serious bodily injury
How NERA Impacts Sentencing
NERA doesn’t change the range of possible prison terms for a crime. Instead, it changes how much time must be served before you’re eligible for parole. Normally, the New Jersey Parole Board can consider parole after someone serves a certain portion of their sentence, which can be as low as one-third for many offenses. NERA removes that flexibility.
For example, second-degree crimes in New Jersey have a sentencing range of five to 10 years. Without NERA, someone could be eligible for parole after serving less than four years. Under NERA:
- A five-year sentence requires about four years and three months in prison
- A 10-year sentence requires about eight years and six months in prison
This same rule applies to first-degree crimes. A 20-year sentence under NERA means serving 17 years before parole eligibility.
The law also affects plea negotiations. Prosecutors know they have a strong bargaining position with NERA cases since there’s little chance of early release. They’re often less willing to agree to reduced charges or lighter sentences. This means your lawyer must carefully evaluate any plea agreement to make sure it actually improves your situation.
Common Questions Defendants Ask About NERA
Many people worry when they think their charge might fall under NERA. Some of the most common questions we get include:
Does NERA apply to every violent crime?
No. NERA applies to the statute’s list of first- and second-degree violent crimes. Crimes not on the list aren’t subject to the 85 percent requirement, even if they involve violence.
Can NERA be waived?
Generally, judges don’t have the discretion to waive NERA if the offense qualifies
Can I get time off for good behavior?
You can still earn credits, but they only count toward the non-NERA portion of your sentence. You still must serve at least 85 percent of your sentence before you’re eligible for parole.
Is NERA the same as the Graves Act or the Three Strikes law?
No. NERA is separate from other sentencing laws, including the Graves Act (minimum sentences for gun crimes) and the Three Strikes law (mandatory life without parole for a third conviction of a serious or violent felony). Each works differently. Sometimes, more than one can apply to the same case.
Legal Strategies When Facing a NERA-Eligible Charge
If you’re charged with a NERA-eligible charge, you need a targeted legal approach. Since the 85 percent requirement is mandatory, the best approach is often to avoid a conviction on a NERA offense altogether. Several strategies may help:
- Challenging weak evidence – We can file motions to suppress evidence illegally obtained by law enforcement officers or fight to exclude unreliable testimony and prejudicial evidence. That can lead to dismissal or a better plea offer.
- Advocating for a non-NERA plea – Your lawyer can push for a plea to a non-NERA offense, as long as it’s supported by the facts.
- Arguing for downgraded charges – Judges can downgrade charges if the facts don’t support the higher degree. This may remove the case from NERA eligibility.
- Disputing the use of force element – If your lawyer can show that your actions didn’t include force or use of force, the court may decide NERA doesn’t apply.
- Going to trial – Sometimes, taking the case to trial is the only way to avoid NERA. Keith Oliver Criminal Law prepares every case as if we’re going to trial, giving us better negotiating leverage and keeping us ready if trial is the best option.
Each case is different. Not every strategy will fit every situation. Our firm can explain your options and help you decide what to do next.
Why Choosing the Right Defense Lawyer Matters
Because NERA removes many of the early release options that might otherwise apply, these cases give prosecutors a lot of leverage. A strong defense in a NERA case means knowing how local prosecutors handle plea negotiations, how judges tend to rule, and how to spot weaknesses in the evidence that might lead to a better deal.
A No Early Release Act lawyer who regularly handles violent crime cases can quickly identify whether NERA applies and what strategies might avoid it. They can also build mitigation arguments about your background, employment, or lack of criminal history. Choosing the right defense lawyer is often the most important decision you can make—and Keith Oliver Criminal Law is ready to explain how we can use our skills and knowledge to defend you.
Contact Our NJ Criminal Defense Attorneys to Learn More
If you’re charged with a crime that might fall under the No Early Release Act, you should understand what that means before making any decisions about your case.
Keith Oliver Criminal Law has experience defending people accused of serious violent offenses throughout New Jersey. We know how prosecutors approach NERA cases and how to push for better outcomes. Contact us today to talk with a New Jersey criminal defense lawyer about what options you may have.
