Discretionary Extended Term Sentences:  Pursuant to N.J.S.A. 2C:44-3, the court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the 1st, 2nd, or 3rd degree to an extended term of imprisonment if the court finds one or more of the following statutory grounds to do so:   

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• Persistent Offender:  Under N.J.S.A. 2C:44-3(a), a defendant may be subject to an extended sentence if the defendant has been convicted of a crime of the 1st, 2nd, or 3rd degree and is a persistent offender.  A persistent offender is a person who, at the time of the commission of the crime, is 21 years of age or older, who has previously been convicted on at least 2 separate occasions of 2 crimes committed at different times, when he or she was at least 18 years of age, if the latest in time of these crimes or the date of the defendant’s last release from confinement (whichever is later) is within 10 years of the date of the crime for which the defendant is being sentenced.

 

• Professional Criminal:  Under N.J.S.A. 2C:44-3(b), a person may be subject to an extended term of imprisonment where the defendant has been convicted of a crime of the 1st, 2nd, or 3rd degree and is a professional criminal.  A “professional criminal” is a person who committed a crime as part of a continuing criminal activity in concert with 2 or more persons, and the circumstances of the crime show he or she has knowingly devoted himself or herself to criminal activity as a major source of livelihood.

 

• Obtained Pecuniary Value:  Under N.J.S.A. 2C:44-3(c), a defendant may be subject to an extended sentence if the defendant has been convicted of a crime of the 1st, 2nd, or 3rd degree and committed the crime as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value the amount of which was unrelated to the proceeds of the crime or he procured the commission of the offense by payment or promise of payment of anything of pecuniary value.

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• Certain Crimes with Stolen Motor Vehicle:  Under N.J.S.A. 2C:44-3(f), a defendant may be subject to an extended sentence if he or she has been convicted of manslaughter, aggravated assault, kidnapping, aggravated sexual assault, aggravated criminal sexual contact, robbery, burglary, resisting arrest, escape, manufacturing or distributing drugs AND in the course of committing or attempting to commit the crime, including the immediate flight therefrom, the defendant used or was in possession of a stolen motor vehicle.

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Mandatory Extended Term Sentences:  If the court finds that N.J.S.A. 2C:44-3(d) applies and the person is being sentenced for the commission of certain offenses then the court shall sentence the person to an extended term (as required by N.J.S.A. 2C:43-6(c) or (g)) and an application by the prosecutor is not required.

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• Second Offender with a Firearm:  Pursuant to N.J.S.A. 2C:44-3(d), if the defendant is at least 18 years-old and has previously been convicted of certain offenses (homicide, manslaughter, aggravated assault, aggravated sexual assault, aggravated criminal sexual contact, robbery, burglary, escape, or possession of a firearm for an unlawful purpose) and he used or possessed a firearm in the course of committing or attempting to commit any of these crimes or immediate flight therefrom, then he must be sentenced to an extended term without application by the prosecutor.  Pursuant to N.J.S.A. 2C:44-3, if the grounds specified in 2C:44-3(d) are found AND the person is being sentenced for the commission of any of the offenses listed in 2C:43-6(c) (certain crimes while in possession of a firearm) or 2C:43-6(g) (certain crimes while being in possession of a machine gun or assault firearm) the court must sentence the person to an extended term and application by the prosecutor is not required.

 

• N.J.S.A. 2C:43-6(c) Crimes:  If N.J.S.A. 2C:44-3(d) is found AND the person is being sentenced for a crime listed in N.J.S.A. 2C:43-6c while in possession of a firearm, then the court shall sentence the person to an extended term without application by the prosecutor.

  • 2C:29-5 Escape

  • 2C:18-2 Burglary

  • 2C:15-1 Robbery

  • 2C:14-3a Aggravated Criminal Sexual Contact

  • 2C:14-2a Aggravated Sexual Assault

  • 2C:13-1 Kidnapping

  • 2C:12-1b Aggravated Assault

  • 2C:11-4 Manslaughter

  • 2C:11-3 Homicide

  • 2C:39-9 Manufacture, Transport, Deface Weapons

  • 2C:39-7 Certain Person Not to Possess Weapons

  • 2C:39-5(b)/(c) Unlawful Possession of a Handgun, Rifle, or Shotgun

  • 2C:39-4.1 Possession of a Firearm While Committing Certain Offenses

  • 2C:39-4(a) Possession of a Firearm for an Unlawful Purpose

  • 2C:39-3(b)(d) – Possession of sawed off shotguns or defaced firearms

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• N.J.S.A. 2C:43-6(g) Crimes:  If N.J.S.A. 2C:44-3(d) is found AND the person is being sentenced for a crime listed in N.J.S.A. 2C:43-6g while being in possession of a machine gun or assault firearm, then the court shall sentence the person to an extended term without application by the prosecutor.

  • 2C:39-4 Possession of a Firearm for an Unlawful Purpose

  • 2C:11-3 Homicide

  • 2C:11-4 Manslaughter

  • 2C:12-1(b) Aggravated Assault

  • 2C:13-1 Kidnapping

  • 2C:14-2a Aggravated Sexual Assault

  • 2C:14-3a Aggravated Criminal Sexual Contact

  • 2C:15-1 Robbery

  • 2C:18-2 Burglary

  • 2C:29-5 Escape

  • 2C:35-5 Manufacturing or Distributing Drugs

 

• Sexual Assault Victim Under 16:  Pursuant to N.J.S.A. 2C:44-3(g), if the defendant has been convicted of Sexual Assault or Criminal Sexual Contact involving violence or the threat of violence and the victim was 16 years-old or less, then the court must, upon application of the prosecuting attorney, sentence a person to an extended term of imprisonment. 

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