N.J. Stat. » Title 2C — THE NEW JERSEY CODE OF CRIMINAL JUSTICE
New Jersey Statutes

N.J. Stat. § 2C:44-3 (2026)

Criteria for sentence of extended term of imprisonment

✓ current as of May 2026
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2C:44-3. The court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if it finds one or more of the grounds specified in subsection a., b., c., or f. of this section. If the grounds specified in subsection d. are found, and the person is being sentenced for commission of any of the offenses enumerated in subsection c. or g. of N.J.S.2C:43-6, the court shall sentence the defendant to an extended term as required by subsection c. or g. of N.J.S.2C:43-6, and application by the prosecutor shall not be required. The court shall, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 to an extended term of imprisonment if the grounds specified in subsection g. of this section are found. The court shall, upon application of the prosecuting attorney, sentence a person to an extended term if the imposition of such term is required pursuant to the provisions of section 2 of P.L.1994, c.130 (C.2C:43-6.4). The finding of the court shall be incorporated in the record.

a. The defendant has been convicted of a crime of the first, second or third 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 over, who has been previously convicted on at least two separate occasions of two crimes, committed at different times, when he 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.

b. The defendant has been convicted of a crime of the first, second or third 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 two or more persons, and the circumstances of the crime show he has knowingly devoted himself to criminal activity as a major source of livelihood.

c. The defendant has been convicted of a crime of the first, second or third 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.

d. Second offender with a firearm. The defendant is at least 18 years of age and has been previously convicted of any of the following crimes: N.J.S.2C:11-3, N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of P.L.2024, c.83 (C.2C:18-2.1), N.J.S.2C:29-5, subsection a. of N.J.S.2C:39-4, or has been previously convicted of an offense under Title 2A of the New Jersey Statutes or under any statute of the United States or any other state which is substantially equivalent to the offenses enumerated in this subsection and he used or possessed a firearm, as defined in N.J.S.2C:39-1, in the course of committing or attempting to commit any of these crimes, including the immediate flight therefrom.

e. (Deleted by amendment, P.L.2001, c.443).

f. The defendant has been convicted of a crime under any of the following sections: N.J.S.2C:11-4, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, subsection a. of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3, N.J.S.2C:15-1, N.J.S.2C:18-2, section 1 of P.L.2024, c.83 (C.2C:18-2.1), section 2 of P.L.2024, c.83 (C.2C:18-2.2), subsection b. of N.J.S.2C:29-2, N.J.S.2C:29-5, N.J.S.2C:35-5, 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.

g. The defendant has been convicted of a crime under N.J.S.2C:14-2 or N.J.S.2C:14-3 involving violence or the threat of violence and the victim of the crime was 16 years of age or less.

For purposes of this subsection, a crime involves violence or the threat of violence if the victim sustains serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or the actor is armed with and uses a deadly weapon or threatens by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict serious bodily injury.

h. (Deleted by amendment, P.L.2007, c.341).

Amended 1979, c.178, s.95; 1981, c.31, s.3; 1990, c.32, s.8; 1990, c.87, s.4; 1993, c.132, s.2; 1994, c.127, s.2; 1994, c.130, s.4; 1995, c.211, s.3; 1997, c.120; 1999, c.160, s.4; 2001, c.443, s.8; 2007, c.341, s.8; 2024, c.83, s.9.

Notes of Decisions
Cited in 403 cases (160 in the last 5 years), 1980–2026 · leading case: State v. Maguire, 423 A.2d 294 (N.J. 1980).
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State v. Maguire, 423 A.2d 294 (N.J. 1980). · cites it 38× “8 N.J.S.A. 2C:44-3. Criteria for Sentence of Extended Term of Imprisonment The court may, upon application of the prosecuting attorney, sentence a person who has been convicted of a crime of the first, second or third degree to an extended term of imprisonment if it finds one or…”
State v. Kareem T. Tillery (079832) (Essex Cnty. & Statewide), 209 A.3d 866 (N.J. 2019). · cites it 12× “Pursuant to N.J.S.A. 2C:44-3(a), the State moved for the imposition of a discretionary extended term for defendant’s conviction of second-degree unlawful possession of a weapon contrary to N.”
State v. Clarity, 186 A.3d 919 (N.J. Super. Ct. App. Div. 2018). · cites it 13× “*606 N.J.S.A. 2C:44-3(a) permits imposition of an extended prison term when the defendant was convicted of at least two separate prior crimes but only if "the latest" of those crimes was committed or the defendant's "last release from confinement" occurred-"whichever is…”
State v. Gantt, 503 A.2d 849 (N.J. 1986). · cites it 8× “2C:43-7(a), dependent upon a request by the prosecution and the presence or absence of certain sentence-enhancement criteria set forth in section 2C:44-3. One of those criteria, however, the "[s]econd offender with a firearm," see N.”
State v. Gomez, 163 S.W.3d 632 (Tenn. 2005). · cites it 2× “2348 (quoting N.J. Stat. Ann. § 2C:44-3(e) (West Supp.1999-2000)).”
United States v. Alex Vazquez, 271 F.3d 93 (3rd Cir. 2001). · cites it 2× “2348 (discussing N.J. Stat. Ann. § 2C:44-3(e) (West Supp. 2000)).”
United States v. Ignasio Maldenaldo Sanchez, United States of Am. v. Santiago Gilberto Sanchez, 269 F.3d 1250 (11th Cir. 2001). · cites it 2× “” N.J. Stat. Ann. § 2C:44-3(e) (West Supp.2000) (emphasis added).”
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “2348 (quoting N.J. Stat. Ann. § 2C:44-3(e) (West Supp.2000)).”
Cunningham v. California, 549 U.S. 270 (2007). “2348 (quoting N.J. Stat. Ann. § 2C:44-3(e) (West Supp.1999-2000)).”
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005). · cites it 2× “[20] N.J. Stat. Ann. § 2C:44-3(e). [21] Ariz.Rev.”
Commonwealth v. Aponte, 855 A.2d 800 (Pa. 2004). · cites it 2× “See N.J. Stat. Ann. § 2C:44-3(e) (West Supp.2000).”
United States v. Sean Michael Grier, 475 F.3d 556 (3rd Cir. 2007). “The State reserved the right to seek a higher enhanced sentence on the ground that one count of firearms possession was committed with a biased purpose in violation of N.J. Stat. § 2C:44-3, which was punishable by imprisonment for between ten and twenty years.”
Show all 403 citing cases →
— N.J. Stat. § 2C:44-3(a) — 264 cases
State v. Kareem T. Tillery (079832) (Essex Cnty. & Statewide), 209 A.3d 866 (N.J. 2019). “Pursuant to N.J.S.A. 2C:44-3(a), the State moved for the imposition of a discretionary extended term for defendant’s conviction of second-degree unlawful possession of a weapon contrary to N.”
State v. Clarity, 186 A.3d 919 (N.J. Super. Ct. App. Div. 2018). “*606 N.J.S.A. 2C:44-3(a) permits imposition of an extended prison term when the defendant was convicted of at least two separate prior crimes but only if "the latest" of those crimes was committed or the defendant's "last release from confinement" occurred-"whichever is…”
State v. Hooper, 208 A.3d 38 (N.J. Super. Ct. App. Div. 2019).
State v. Outland, 205 A.3d 255 (N.J. Super. Ct. App. Div. 2019).
State of New Jersey v. Reginald Anthony, 129 A.3d 1085 (N.J. Super. Ct. App. Div. 2016).
— N.J. Stat. § 2C:44-3(a)(1) — 2 cases
State of New Jersey Vs. Michael M. Winters(13-09-2933, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey v. William Tozer (N.J. Super. Ct. App. Div. 2024).
— N.J. Stat. § 2C:44-3(b) — 4 cases
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State v. Jamel Carlton (N.J. 2025).
— N.J. Stat. § 2C:44-3(b)(1) — 1 case
State of New Jersey Vs. David Battle (96-03-0336 & 97-09-3979, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
— N.J. Stat. § 2C:44-3(c) — 4 cases
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State v. Jamel Carlton (N.J. 2025).
— N.J. Stat. § 2C:44-3(d) — 24 cases
State of New Jersey Vs. Anthony Dudley (00-04-0650 & 00-04-0654, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
State of New Jersey v. Jaki N. Hooks-Lewis (N.J. Super. Ct. App. Div. 2025).
State of New Jersey Vs. Alexis Canadas (15-02-0231 & 16-01-0056, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).
State of New Jersey v. Gary R. Brooks (N.J. Super. Ct. App. Div. 2025).
State of New Jersey v. Gerard D. Watkins (N.J. Super. Ct. App. Div. 2024).
— N.J. Stat. § 2C:44-3(e) — 67 cases
State v. Gomez, 163 S.W.3d 632 (Tenn. 2005). “2348 (quoting N.J. Stat. Ann. § 2C:44-3(e) (West Supp.1999-2000)).”
United States v. Alex Vazquez, 271 F.3d 93 (3rd Cir. 2001). “2348 (discussing N.J. Stat. Ann. § 2C:44-3(e) (West Supp. 2000)).”
United States v. Ignasio Maldenaldo Sanchez, United States of Am. v. Santiago Gilberto Sanchez, 269 F.3d 1250 (11th Cir. 2001). “” N.J. Stat. Ann. § 2C:44-3(e) (West Supp.2000) (emphasis added).”
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “2348 (quoting N.J. Stat. Ann. § 2C:44-3(e) (West Supp.2000)).”
Cunningham v. California, 549 U.S. 270 (2007). “2348 (quoting N.J. Stat. Ann. § 2C:44-3(e) (West Supp.1999-2000)).”
— N.J. Stat. § 2C:44-3(e)(2000) — 1 case
Baker v. State, 790 A.2d 629 (Md. 2002).
— N.J. Stat. § 2C:44-3(f) — 5 cases
State of New Jersey Vs. Frankie N. Gonzales (13-10-1273, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).
State v. Jamel Carlton (N.J. 2025).
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