Freehold Monmouth County New Jersey Criminal Lawyer
The criminal defense attorneys at the Iler Law Firm represent clients charged with violent crimes including murder, aggravated assault, terroristic threats, and harassment throughout New Jersey including in Freehold, New Brunswick, Toms River, and Princeton. Please contact our Red Bank, NJ office for a free initial consultation at (732)842-7787.
Violent Crimes in New Jersey: Manslaughter
The New Jersey statute which governs criminal charges for manslaugher is N.J.S.A. 2C:11-4 which provides:
§ 2C:11-4. Manslaughter
a. Criminal homicide constitutes aggravated manslaughter when:
(1) The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or
(2) The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.A. 2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.A. 2C:29-2 which resulted in the death of another person. As used in this paragraph, "actor" shall not include a passenger in a motor vehicle.
b. Criminal homicide constitutes manslaughter when:
(1) It is committed recklessly; or
(2) A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.
c. Aggravated manslaughter under paragraph (1) of subsection a. of this section is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.A. 2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. Aggravated manslaughter under paragraph (2) of subsection a. of this section is a crime of the first degree. Manslaughter is a crime of the second degree.
Manslaughter: Penalties and Defenses
As the above statute enumerates, manslaugher is essentially a killing which is not done purposely or knowingly (which is murder) but rather is done recklessly. Further, if the killing is intentional but is committed in "the heat of passion" known as "passion provocation" then this becomes a charge for manslaugher rather than murder in New Jersey. Generally, manslaughter is a crime of the second degree which includes between five (5) and ten (10) years in state prison if convicted. However, most scenarios result in charges for aggravated manslaughter which is a crime of the first degree and includes between ten (10) and thirty (30) years in prison or a "heat of passion" killing which includes between ten (10) and twenty (20) years in prison if convicted. There are many potential defenses and circumstances to alleviate a charge for manslaugher in New Jersey. Please contact our experienced criminal defense attorneys at (732)842-7787 for immediate assistance. The initial consultation is always free of charge.
