Homicide is a term that refers to several different offenses contained in the New Jersey Criminal Code although it is often mistakenly referred to as it was a specific charge. An individual commits a homicide if they cause the death of another person purposely, knowingly, recklessly, or while driving intoxicated (“DWI”) or under the influence of drugs (“DUI”). Since the charge invariably involves someone being killed, the penalties that are imposed at sentencing for any form of criminal homicide can be catastrophic. Selecting an attorney with experience handling homicide charges, something that certainly is not abundant in the state, is what you absolutely need if you or a loved one has been charged with any form of this offense. The NJ defense lawyers at our firm have the know-how and trial skills that are needed in this realm. The Law Offices of Jonathan F. Marshall has:
- Over 200 years of experience handling homicide cases throughout New Jersey
- Ten attorneys that handle criminal defense exclusively
- Former homicide prosecutors who have also served as Director of the Major Crimes Bureau and even an entire Trial Division
- Certified criminal trial attorneys
- Many trials to completion involving homicide charges
Credentials like these are truly rare in New Jersey so it would definitely be in your best interest to take advantage of a free consultation with a lawyer on our team. Call 877-450-8301 now for immediate assistance.
New Jersey Homicide Charge
The definition of criminal homicide is set forth at N.J.S.A. 2C:11-2 and states that the term comprises “murder, manslaughter or death by auto.” What should be made clear is that homicide is actually a type of criminal offense rather than a specific violation. The actual offenses under NJ law that involve homicide are murder, manslaughter and death by auto. Each of these specific charges is clarified in the headings below.
- Murder. An individual commits murder in violation of N.J.S.A. 2C:11-3 if they purposely or knowingly cause the death of another person or cause death while committing robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism. Murder is a first-degree crime that carries a minimum of thirty (30) years without parole and as much as life imprisonment depending on the facts and circumstances surrounding the conviction. For more information on murder charges in New Jersey click her.
- Mansalughter. An individual can be convicted of manslaughter under N.J.S.A. 2C:11-4 if they kill someone as the result of: (1) reckless conduct; (2) while eluding the police; or (3) in the heat of uncontrollable passion. Manslaughter is a lesser included offense to murder and can result in either a second-degree crime or first-degree crime. You can learn the specifics of this offense by clicking here.
- Vehicular Homicide (a.k.a. Death by Auto). The last form of homicide is death by auto. This charge is triggered if someone recklessly operates a motor vehicle resulting in the death of another person. N.J.S.A. 2C:11-5 is the statute directed at this offense and specifically defines “recklessness” under this law to include driving while intoxicated or under the influence of drugs, driving while on a cellular telephone, or driving without sleep for twenty-four (24) hours or more. Vehicular homicide is a second-degree crime that can land you in prison for five (5) to ten (10) years. A detailed discussion of death by auto charges can be found if you click here.
Homicide charges are obviously very serious given the exposure to length state prison sentences. Another important consideration is the fact that there is a presumption of pretrial detention when someone is arrested for an offense that could carry life imprisonment such as murder. What this means is that your loved one will remain in custody during the pendency of his/her case (i.e. until the trial) unless your criminal defense attorney has the skill to defeat the prosecutor’s motion to detain.
Homicide Defense Lawyers in New Jersey
If you are under investigation or have already been charged (or indicted) for a homicide offense, you desperately need to retain an attorney who has experience defending this type of offense. It is not enough that the candidate practices criminal lawyer but rather has actually tried murder cases in the past and preferably with success. This is the level of expertise that the team at the Law Offices of Jonathan F. Marshall can offer you. We not only have attorneys on staff that have tried homicide cases but have also been sited in novels, on television, and other contexts because of their work. To speak to a lawyer immediately, call 877-450-8301. The consultation is free.