Manslaughter Charges In NJ – What are the penalties for manslaughter NJ – I was arrested for manslaughter in NJ
“In New Jersey, manslaughter is one of the most serious criminal charges, and it can land you in prison for a long time. When facing a NJ manslaughter charge, it is best to have an experienced trial attorney, ready to aggressively fight this case.”
Typically, manslaughter refers to a person recklessly causing the death of someone else. If you’re charged with manslaughter, it can bear the punishments and penalties listed under first degree crimes or second degree crimes in New Jersey, depending on the grading of your charge.
Hiring an experienced criminal defense attorney might be your only chance to drastically reduce your punishments, or a potentially have the case dismissed entirely.
The Tormey Law Firm is an aggressive trial team that includes a former NJ prosecutor who has handled numerous domestic violence, weapons, and first degree criminal cases. We have extensive experience defending clients against violent crime charges, including manslaughter, homicide, and aggravated assault.
Additionally, because we have a prosecutor on staff, we’ve been able to develop a series of advanced defense strategies that we will use to target the specific arguments made by the other side in your case.
Call us today for a free consultation, and please continue reading this page for more information about manslaughter charges in New Jersey.
Manslaughter is codified in N.J.S.A. 2C:11-4, which stipulates that a person commits the crime of manslaughter when he or she consciously disregards a substantial and unjustifiable risk while causing another person’s death.
Under the statute, there are different levels of manslaughter. First degree aggravated manslaughter is the most serious, referring to a person who causes a death while manifesting extreme indifference to human life. This is pretty vague, but it generally means that the person’s actions resulted in a high probability of someone else’s death. First degree aggravated manslaughter is punishable by ten (10) to 30 years in prison and a $200,000.00 fine.
First degree aggravated manslaughter can also be charged when a death is caused while fleeing a police officer. This typically occurs in a high-speed pursuit. If convicted of this offense, a person could be looking at ten (10) to 20 years in prison and a $200,000.00 fine.
Second degree manslaughter is the charge when a person recklessly causes the death of someone else. It can also be charged when a homicide is committed in the heat of passion. This means that the murder was caused by a reasonable provocation and without a reasonable chance for the person to “cool off.” We tend to think of these “crimes of passion” occurring when a husband discovers his wife cheating on him and he reacts…badly. A conviction for second degree manslaughter can result in a prison sentence of five (5) to ten (10) years and a $150,000.00 fine. Believe me: there is nothing funny about spending a decade in prison. And there is nothing funny about manslaughter. Unless a circus clown died – that’s hilarious.
Vehicular manslaughter occurs when a person’s reckless driving results in someone else’s death. This is often charged in drunk-driving cases, but it can also stem from speeding or reckless driving. Here, a conviction is also punishable by five (5) to ten (10) years in prison. Additionally, if convicted of vehicular manslaughter, a person could have his or her license suspended for two (2) years.
In all instances, manslaughter is subject to the NERA, which stipulates that a person convicted of manslaughter MUST serve no less than 85% of their sentence before becoming eligible for parole.
Call the Tormey Law Firm for a free consultation about your manslaughter charge. Our criminal defense attorneys know the strategies that can be used to win in the courtroom.
We are aggressive criminal defense attorneys who know how to fight these charges. We know how to negotiate with the other side, but we will never let the prosecutor off the hook. We’ve gained a well-earned reputation in New Jersey for doing whatever it takes to get a win in the courtroom, and we will use these strategies to secure a favorable result in your case.
Give us a call so that we can begin looking over the details of your file and formulate a strategy that will work for you.
N.J.S.A. 2C:11-4 – Manslaughter Statute
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.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.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.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.