Few crimes carry a harsher penalty than murder. Being charged with murder can induce fear in even the toughest persons. The circumstances surrounding a case will be the identifying factors on whether a homicide case is elevated to the degree of actual murder or is treated as some form of manslaughter. 

If you’ve been charged with any type of homicide offense, you need the help of a skilled New Jersey Homicide lawyer to fight for you.

There are three types of criminal homicide under New Jersey Law:

1. Death by Auto

2. Manslaughter and Aggravated Manslaughter

3. Murder

Death by Auto

Death by Auto, or vehicular homicide, is charged when a vehicle is used to kill another person or causes death in certain instances.

2nd Degree - Manslaughter/ Passion Provocation

Manslaughter is a homicide that fits the following criteria:

• The defendant causes the death of another person due to their reckless actions by putting other people’s safety in jeopardy by engaging in risky behavior

• The defendant commits a crime that would normally form the basis of a murder charge, however, the offense was committed in “the heat of passion resulting from reasonable provocation”

Manslaughter is also known as a “crime of passion murder.” A crime of passion murder occurs when someone under intense emotion duress such as anger or heartbreak, acts impulsively, and kills someone.

1st Degree - Aggravated Manslaughter

A manslaughter becomes an Aggravated Manslaughter if during the course of actions the perpetrator “exhibits extreme indifference to human life.” For example, shooting a firearm in a crowded area and killing someone would be considered an Aggravated Manslaughter due to the fact that such an act displays an extreme indifference to human life.

Penalties for Manslaughter

NJ law considers both aggravating factors and mitigating factors when determining the length of a prison sentence. Generally, however, manslaughter in NJ carries a sentence of 5 to 10 years in prison and/or a fine of up to $150,000.

Manslaughter is considered a second-degree crime in New Jersey. Aggravated manslaughter is a first-degree crime, however, it carries distinct penalties from that of murder. A conviction of aggravated manslaughter carries a sentence of 10 to 30 years in prison and/or a fine of up to $200,000.

The difference between Manslaughter and Murder

The difference between the two charges of manslaughter and murder lies in the premeditation and intent elements and are critical in making the distinction. Determining the difference requires an attorney who understands the nuance of premeditation and intent.

1st Degree - Attempted Murder

Attempted Murder constitutes a separate offense. An attempted murder charge involves a cancelled or failed attempt to murder or intentionally cause the death of another person. For a person to be convicted of attempted murder, the State must prove beyond a reasonable doubt that:

• The defendant intended to kill another person • Considerable preparation was undertaken to commit the murder (i.e. intent to act). This can either be hiring a hitman or firing a weapon toward the supposed victim

• The defendant committed a substantial step toward committing the crime

• The supposed victim has not died

The intent prong is of paramount importance when determining whether the assault was an aggravated assault meant to cause injury, or in fact, was an attempt to purposefully kill. For example, someone shooting someone in the leg could be considered an aggravated assault rather an attempt to murder because of the intent.

Penalties for Attempted Murder

Attempted Murder is a First-Degree Charge. The penalties are therefore 10 to 20 years in prison, up to a $500,000, and 5 years of parole supervision thereafter.

1st Degree - Murder

New Jersey separates murder into three separate categories:

1. The defendant purposefully kills or causes serious bodily injury resulting in death to another person

2. The defendant knowingly causes death or causes serious bodily injury resulting in death

3. The third form is when a person causes death while committing, attempting to commit, of fleeing the scene after committing the following crimes:

   1. Arson

   2. Burglary

   3. Carjacking

   4. Criminal Escape

   5. Kidnapping

   6. Robbery

   7. Sexual Assault

   8. Terrorism

Penalties for Murder

In New Jersey, murder carries a penalty of a minimum of 30 years in prison without parole to life imprisonment. If the victim was an on-duty law enforcement officer or a minor under the age of 14 years old, or the murder was committed in the interest of financial gain, the penalty is life imprisonment without the possibility of parole.

Homicide and Attempted Homicide cases are both very complex and taken extremely seriously by the State of New Jersey. Our office prides itself on having a thorough understanding of defending homicide cases. By understanding and challenging forensic evidence, performing thorough investigations, retaining the proper experts, and effective cross examination, we have achieved successful outcomes for individuals charged with homicide related offenses. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.