Jersey City Homicide Attorneys
Simply put, Criminal Homicide is when an individual purposely, knowingly or recklessly causes the death of another human being. The breadth of this crime allows it to include Murder, Manslaughter or Death by Auto, in the above circumstances. In Hudson County, Criminal Homicide charges are not uncommon. As of 2010, Hudson County had maintained a Murder rate twice that of the average in the State of New Jersey per 100,000 people. This is a staggering statistic. Depending on the circumstances, Criminal Homicide may result in first degree charges against the defendant. The Law Office of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. The decades of prior prosecuting experience gives our office an inside view point on how the State may try and prove their case against you. If you would like to discuss your case with any one of our eight Hudson County, NJ criminal defense lawyers, please contact our Jersey City office directly at (201) 309-1800. Our attorneys are available 24/7 to answer any questions you might have. Now here is some important information on the offense of Homicide in New Jersey, including some of the other typical charges that one might find themselves facing as well.
What is Criminal Homicide in Hudson County?
As mentioned, Criminal Homicide occurs when an individual purposely, knowingly or recklessly causes the death of another human being. Accordingly, Criminal Homicide occurs the three (3) following crimes:
- Death by Auto
Murder and Criminal Homicide in Hudson County NJ
For Murder, there are three types of culpability: purposeful, knowingly, or Murder committed in the course of committing another felony (“Felony Murder”). In a prosecution based on an allegation that the defendant purposely caused the death or serious bodily injury resulting in death, the State must also prove that the death or the serious bodily injury was within the design of the defendant. In a prosecution based on an allegation that defendant knowingly caused the death of another, the State must prove that the conduct is an antecedent but for which the death in question would not have occurred. In addition, the state must prove that the death or serious bodily injury which resulted in death was within the contemplation of the defendant. Lastly, in a Felony Murder prosecution, in order to prove causation, the state must prove that the defendant’s or his co-participant’s conduct is an antecedent but for which the death in question would not have occurred, and the death is a probable consequence of defendant’s conduct. Under these three situations, the Murder will constitute Criminal Homicide.
Manslaughter And Criminal Homicide in Jersey City
Regarding Manslaughter, the State will have to demonstrate that the defendant acted recklessly. In this type of a prosecution, the State must prove that the death was within the risk of which the defendant was aware. Additionally, the death must not be too remote, accidental in its occurrence, or dependent on another’s volitional act to have a just bearing on the defendant’s liability or the gravity of the offense.
Death by Auto and Criminal Homicide in New Jersey
When dealing with Death by Auto, under Criminal Homicide, the State will have to demonstrate that the defendant was operating the car or vessel recklessly. A defendant acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that Death by Auto will result from his or her conduct. Intoxication will not act as a defense to this charge, as drunk driving is evidence in itself that the defendant drove recklessly.
Hudson County NJ Criminal Lawyers
The Law Office of Jonathan F. Marshall is experienced Hudson County Criminal Defense Firm. We have he experience and skill set required to represent defendant’s accused of serious offenses like murder. For a free initial consultation, please contact our Jersey City office at (201) 309-1800.