New Jersey Murder Defense Attorneys
SERIOUS CHARGE – GRAVE CONSEQUENCES
Of all criminal charges in the United States, murder is probably the most serious crime with the most serious consequences. According to New Jersey state law 2C: 11-3, a criminal homicide constitutes murder when the person committing the act “purposely causes death or serious bodily injury resulting in death.” Essentially, a criminal homicide becomes murder when the prosecution proves that the defendant “intended to kill” the purported victim.
Murder can be committed by someone acting alone or in collaboration with one or more persons and it could be committed during the commission of another crime such as robbery, sexual assault, arson, burglary, kidnapping or carjacking. The consequences for committing murder could include paying hefty fines and restitution such as reimbursing funeral costs; a lengthy prison term such as life in prison without the possibility of parole or the ultimate punishment – the death penalty. The sentence usually depends on the nature and intensity of the crime.
THE EVIDENCE
Usually the outcome of a murder trial depends on the evidence. Jurors in a murder trial are required to find the defendant guilty “beyond a reasonable doubt.” And that means even if they have a shadow of a reasonable doubt in their minds that the defendant did not commit the murder, they should find the defendant “not guilty.” Some juries will find defendants guilty of a lesser charge such as manslaughter if they find that the evidence does not show that the defendant committed the act with the “intent to kill.”
Evidence could be physical – blood, semen, articles of clothing, objects or other DNA evidence. Or it could be purely circumstantial. Either way, the burden of proof rests squarely on the prosecutor in the murder case. Still, it takes a skilled defense attorney to strategize in a murder case – such as determining which witnesses will prove his client’s innocence and under what circumstances it would be advantageous for a defendant to take the stand.
THE DEFENSE
Even when the defendant has admitted to killing a person, it does not mean he or she is guilty of murder. The prosecution must prove that the defendant intended to kill the deceased. There are certain circumstances when killing someone is not murder. For example, when someone acts in self-defense such as a woman stabbing an assailant with a kitchen knife or when a man shoots a robber who breaks into his house.
Sometimes, a defendant is mentally disturbed or not capable of standing trial. In such cases, the defense attorney would enter an “insanity plea” on behalf of the defendant. If the case still goes to trial, jurors could find the defendant “legally insane,” meaning that the person did not know what he or she was doing at the time because of a mental illness. In such cases defendants are committed to a State facility instead of being sent to prison.
THE RIGHT DEFENSE ATTORNEY
An experienced New Jersey murder defense attorney will work in your best interest, helping you make decisions at a difficult time – important decisions that could make the difference between life and death, between a lifetime of incarceration and freedom. At Lependorf and Silverstein, we have the experience and the resources to consult with forensic experts, jury consultants and conduct thorough independent investigations that will help identify weaknesses in the prosecution’s case and put you on the road to an acquittal.
If you or a loved one has been charged with murder, homicide or a violent crime in the state of New Jersey, call Lependorf and Silverstein for a free and completely confidential consultation.
