Q: Is it illegal in New Jersey to get 25 years for drug induced homicide? I’m asking because the law states the max is 20
A: Under New Jersey law, Strict Liability Drug Induced Death is a first degree crime, which ordinarily carries up to 20 years New Jersey State Prison. But a defendant who is extended term eligible would face 20 years to life. Therefore, a sentence of 25 years would not necessarily be illegal.
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A: Under 2C:44-3 a Defendant can be sentenced to what is called an "extended term" sentence for a number of reasons. An extended term sentence allows the Judge to sentence a defendant one degree higher then the offense he is convicted of. So a 2nd Degree Crime which is normally a range of 5-10 years would become a range of 10-20. For a First Degree Crime, the range goes from 10-20 to 20-Life. The most common extended term factor is the persistent offender under 2C:44-3(a) where someone is atleast 21 years of age and has been convicted and sentenced to two or more prior felonies on at least two seperate sentencing dates within 10 years of eachother. A lesser known restriction on extended terms is that the Prosecutor must make his or her motion for one within ten days of a defendants conviction or guilty plea under Court Rule 3:21-4(e).
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