HACKENSACK, NJ - Individuals charged with violent crimes in Bergen County face rapid prosecution and penalties that can range from years in state prison to life without parole. Hackensack violent crimes attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/violent-crimes-bergen-county/) has published detailed guidance explaining what qualifies as a violent crime under New Jersey law, how Bergen County courts process these charges, and the sentencing frameworks that make these cases uniquely serious.
According to Hackensack violent crimes attorney Adam M. Lustberg, New Jersey does not define violent crime in a single statute. Instead, these offenses fall across Title 2C of the New Jersey Code of Criminal Justice and involve the use or threat of physical force against another person. "A violent crime charge in Bergen County is not something a person can afford to wait out," Lustberg explains. "The state files quickly and the prosecution prepares early, so the sooner someone acts, the stronger their defense position becomes."
Hackensack violent crimes attorney Adam M. Lustberg notes that most of these offenses are indictable crimes graded as first- or second-degree matters, which are prosecuted in Superior Court and presented to a grand jury. First-degree crimes carry 10 to 20 years in state prison, while second-degree crimes carry 5 to 10 years. For first- and second-degree violent offenses, New Jersey law creates a presumption of incarceration, meaning probation is generally not an option.
Central to these cases is the No Early Release Act, codified at N.J.S.A. 2C:43-7.2, which requires individuals convicted of most enumerated violent crimes to serve 85 percent of the sentence imposed before becoming eligible for parole. Covered offenses include murder, aggravated manslaughter, manslaughter, aggravated assault, robbery, carjacking, and kidnapping. Lustberg emphasizes that the 85 percent rule is a mandatory floor that cannot be reduced through good behavior or work credits, meaning a 10-year sentence functions as a guaranteed 8.5 years before any parole consideration.
"This is precisely why plea negotiations in violent crime cases turn on charge selection, not just sentence length," Lustberg points out. "Reducing a charge from a NERA offense to a non-NERA offense, or from first-degree to second-degree, can change a defendant's actual time served by years, even when the headline sentence looks similar."
The firm's guidance outlines the most common violent charges prosecuted in Bergen County, the state's most populous county. Its extensive retail centers, including venues in Paramus and East Rutherford, and major transit corridors leading into New York City contribute to a distinct pattern of charges. The Superior Court in Hackensack frequently handles domestic disputes, commercial thefts that escalate into physical altercations, and weapons offenses. Under the Graves Act, unlawful possession of a handgun carries a mandatory period of state prison incarceration with parole ineligibility, applying even to individuals with no prior criminal record.
Lustberg observes that New Jersey eliminated cash bail in 2017, replacing it with a risk-based pretrial detention system. Detention hearings take place at the Bergen County Justice Center before a Superior Court judge, typically within three business days of arrest. "For NERA-qualifying offenses, detention is often the presumptive outcome," Lustberg advises. "Representation at the detention hearing is one of the most important early steps in the entire case, because it determines whether a defendant goes home or remains incarcerated for the duration."
Attorney Lustberg also details the defenses available in these cases. Justification defenses such as self-defense and defense of others apply when force is reasonably necessary, though New Jersey imposes a proportionality requirement and, in public spaces, a duty to retreat. New Jersey does not have a "stand-your-ground law," but the Castle Doctrine removes the duty to retreat when a person is attacked inside their own home or lawful workplace. Challenging the required mental state can also downgrade charges, such as reducing murder to manslaughter when conduct was reckless or occurred in the heat of passion.
Beyond the courtroom, Lustberg highlights the collateral consequences of a violent crime conviction, which can affect employment, housing, firearms rights, immigration status, and professional licensing for decades. He cautions the accused to avoid common early mistakes, including speaking with police without counsel, contacting an alleged victim, posting on social media, and assuming a case will resolve itself. Prosecutors and investigators in Bergen County regularly review social media for photographs, location data, and statements that can be used at trial.
For those facing violent crime charges in Bergen County, contacting an experienced criminal defense attorney early may help protect constitutional rights, position the case effectively at the detention hearing, and preserve evidence critical to the defense.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based criminal defense firm located at 1 University Plaza Drive, Suite 212, near the Bergen County Justice Complex. Founded by attorney Adam M. Lustberg, who brings more than 20 years of experience in New Jersey criminal defense, the firm represents clients charged with the full spectrum of violent crimes throughout Bergen, Hudson, Essex, and Passaic Counties. For a confidential consultation, call (201) 880-5311.
Email: alustberg@lustberglaw.com
Media Contact
Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/
COMTEX_489762760/2888/2026-07-30T15:11:29
