Plainfield NJ Homicide Attorney
The most serious category of offense set forth in the New Jersey Criminal Code is homicide. The intentional taking of a life is referred to as murder. When someone causes death 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 as prosecutors. If you we charged with homicide in Elizabeth, Linden, Plainfield, Roselle, Springfield or another Union County municipality, an attorney who is equipped with the knowledge and skill to help you is available immediately. Contact our Union NJ Office at 908-272-1700 for a free consultation.
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.
Elizabeth NJ Homicide Lawyer
For good reason, the State of New Jersey wants to deter homicide at all cost. There are understandably significant periods of imprisonment that are imposed upon conviction and, in most cases, these can only be avoided and/or reduced with a highly competent defense lawyer. The Law Offices of Jonathan F. Marshall can provide you with the sound representation that absolutely necessary to fight a homicide charge with attorneys who possess decades of experience defending cases at the county courthouse in Elizabeth. This is where your offense will be decides since homicide falls within the jurisdiction of the Superior Court whether the death occurred in Kenilworth, Hillside, Cranford, Rahway or Union. To speak to an attorney on our staff immediately, calling us at 908-272-1700.