Homicide

Union County Homicide Charge Defense Attorneys

The most serious category of offenses set forth under the New Jersey Criminal Code are homicides. The intentional taking of a life is referred to as murder. When someone causes the death of another unintentionally, manslaughter and/or death by vehicular homicide (a.k.a. death by auto) may apply. If you or a loved one was arrested on suspicion of homicide, there is no doubt that experienced counsel is imperative as the related penalties are extreme. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, know how to attack and dissect a homicide case. This comes from over 100 years of collective experience, including significant trial time handling homicides. Call us at 908-272-1700 for immediate assistance defending a homicide charge at the Union County Courthouse in Elizabeth NJ or elsewhere in New Jersey.

Varieties of Homicide Under New Jersey

There are basically three (3) classes of homicide under New Jersey Law. The following is a summary of each:

Murder & Felony Murder. Murder is purposely or knowingly causing the death of another. When murder occurs during the commission or flight from a robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism, the charge escalates to felony murder. Both of these offenses are first degree crimes. The term of imprisonment for murder is thirty (30) years to life with a mandatory minimum term of imprisonment/parole ineligibility period of thirty (30) years. The sentence escalates to life in prison without the possibility of parole if the victim is a police officer acting in the line of duty or a child that is less than fourteen (14) years old, a sexual assault or criminal sexual contact is committed prior to the homicide, or if the murder is committed in conjunction with activities as a leader of a narcotics trafficking network.

Manslaughter & Aggravated Manslaughter. When an individual’s recklessness rises to the level of extreme indifference to human life (or arises out of the eluding of a police officer), an individual may be charged with aggravated manslaughter. This is a first degree crime just like murder. If the death is the result of recklessness alone, a second degree manslaughter arises. First degree aggravated manslaughter carries a prison term of ten (10) to thirty (30) years. Second degree manslaughter results in 5-10 years in prison.

Death By Vehicular Homicide. A death caused by driving a motor vehicle or boat recklessly is referred to as death by vehicular homicide under N.J.S.A. 2C:11-5. This offense is typically a second degree crime. For information regarding this charge, click here.

No Early Release Act

As you may know from reading elsewhere on this site, a law known as the No Early Release Act (“NERA”) applies when someone is sentenced in cases involving most violent crimes.  NERA mandates that an individual serve eighty-five percent (85%) of any prison sentence imposed before they may be considered for parole. This is commonly referred to as a parole ineligibility period or mandatory minimum term of incarceration. NERA applies to all forms of homicide. What this means is that, in addition to the requirements in terms of imprisonment previously set forth, a person must serve eighty-five percent (85%) of whatever jail term the court imposes as sentencing.

Experienced Defense Lawyer For Murder Offense in Elizabeth

For good reason, the State of New Jersey wants to deter homicides at all cost. There are significant periods of imprisonment that are imposed for homicide offenses and, in most cases, they can only be avoided and/or reduced through good defense work. It obviously follows then that your best opportunity for achieving such a result is to insure that you obtain the best representation you can afford to fight the homicide offense at the Union County Superior Court. We think our firm presents a great option in this regard. Give us a call at 908-272-1700.