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South Plainfield Murder Suspect Will Undoubtedly Be Exposed To An Extended Term Of Incarceration

27 November, 2016by jmarshall

The extreme was just encountered in South Plainfield with the arrest of David Ghigliotty on suspicion of murder. Individuals being charged with criminal homicide is far from commonplace in this Middlesex County borough. Mr. Ghigliotty is accused of using an illegal handgun to shoot another male resulting in death. He is currently being held at the Middlesex County Jail on a bail of $1.5 million. One of the more publicized issues surrounding this arrest stems from the fact that the defendant has over 15 prior arrests. The most recent offense filed against the suspect was for aggravated assault early last summer although he also has a history of terroristic threats, drugs and theft offenses. There is little doubt that this defendant shall be exposed to the extended term provisions of the New Jersey Criminal Code.

When Does An Extended Term Of Imprisonment Apply In New Jersey?

N.J.S.A. 2C:43-7 outlines those circumstances in which an extended term of imprisonment is discretionary and when it becomes mandatory. In the case of murder, the extended term is 35 years to life with a mandatory minimum period of incarceration of 35 years before a defendant may be considered for parole. This extended term is mandatory if the accused is at least eighteen years old and has a prior conviction for murder, manslaughter, aggravated assault, kidnapping, aggravated sexual assault, aggravated criminal sexual contact, robbery, burglary, escape or possession of a firearm for the unlawful purpose of using it against a person the defendant used or possessed a firearm in the course committing or attempting to commit these crimes or in the immediate flight from the crime.

Imposition of a discretionary extended term is significantly more complicated and applies in three instances. The first scenario where there is discretion to enhance the period of incarceration is when the defendant is a persistent offender. A discretionary extended term of imprisonment may also be imposed where the accused is a “professional criminal”. The third scenario which triggers discretion at the time of sentencing in this manner is where the defendant commits a crime in return for payment of money or other consideration.

Defendants Subject To Community Supervision For Life. N.J.S.A. 2C:43-5(e) creates an additional instance where an extended term may apply. If a defendant has a prior conviction for an offense which triggers a mandatory extended term as set forth above and is subject to community supervision for life, an extended term is mandatory for a second degree conviction.

Middlesex County Extended Term Of Imprisonment Defense Lawyers

As the largest criminal defense firm in Middlesex County, we obviously have exposure to cases where clients are exposed to an extended term. Our team even includes Jason Seidman, the former director of the Gangs, Guns and Drugs Task Force of the Middlesex County Prosecutor’s Office, who has handled many mandatory and discretionary extended term offenses. If you would like to speak to Jason or another attorney on our staff, you are encouraged to contact us anytime 24/7. Our lawyers defend charges throughout the region and are ready to serve as your South Plainfield Criminal Lawyer or in any other capacity. Call us at 732-546-7126.

 

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