New Jersey Homicide Defense Attorneys
WHAT IS CRIMINAL HOMICIDE?
According to New Jersey State Law 2C:11-2, a person is guilty of criminal homicide if:
- He or she "purposely, knowingly and recklessly .causes the death of another human being.
- Criminal homicide is murder, manslaughter or death by auto
This is clearly a serious offense that will cost the person who has been charged dearly. He or she will not only be paying a lot of money in fines and restitution, but if convicted, a lengthy prison time is almost a certainty. At Lependorf and Silverstein, our extensive experience in New Jersey criminal defense allows us to help our clients grasp the complex legal issues surrounding homicide cases. This helps us assist our clients with decisions that will determine the course of their lives.
Some common New Jersey homicide charges include:
- Criminal Homicide
- First Degree Murder
- Second Degree Murder
- Voluntary Manslaughter
- Vehicular Homicide
MURDER VERSUS HOMICIDE
Although many people don't know or understand it, there is a big difference between murder and homicide. The key difference, however, is that while homicide refers to the act of killing a human being, murder carries the weightier implication that the defendant took the life of another person with the "intent to kill." So, although both terms are used to describe the act of killing a human being, the circumstances leading to the charges are almost always different.
While murder is always illegal, there are circumstances in which homicide may be justified. For example, when a police officer must kill in order to save his own life or the lives of others, homicide may be justifiable. Of course, these officer-involved shootings are always investigated, but the officer won't be criminal charged unless the investigation shows that the deadly force was unnecessary. Another example of homicide that is justifiable is when a private citizen kills another person in self-defense, say, during a home invasion. It is never recommended that someone kill - even in defense, but the law recognizes that desperate situations do call for desperate measures.
Criminal homicide may either be classified as murder or manslaughter, according to New Jersey law. A murder charge means there was an intent to kill whereas a manslaughter charge implies "criminal negligence." A good example is when an inebriated driver who crashes into another vehicle and kills someone in the process may be charged with vehicular manslaughter.
Intent to kill is often difficult to prove in court and would largely depend on the kind of evidence that is presented. Most police officers who arrest someone on suspicion of murder will assume that the person had the "intent to kill" until the evidence shows otherwise. Police officers will investigate a homicide case even if there is a chance that there was the intent to kill. On the other hand, criminal negligence as with a drunk driving case is easier to prove. All the prosecution needs is blood alcohol evidence to show that the person was drunk and therefore, criminally negligent.
So, clearly, there are gray areas when it comes to homicide. A skillful, tenacious and knowledgeable New Jersey homicide defense attorney can make all the difference in a homicide case.
At Lependorf and Silverstein, we conduct a thorough and independent investigation of the case and very often, find holes and inadequacies in the prosecution's case. We will do everything in our power to get you an acquittal or have your charges and penalties reduced. If you or a loved one has been charged with homicide in New Jersey, call us today for a free consultation.