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NJ New Jersey Aggravated Manslaughter Charges Lawyers
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NJ New Jersey Aggravated Manslaughter Charges Lawyers
Being charged with aggravated manslaughter in New Jersey can be scary. The penalties are severe, and you need an experienced criminal defense attorney on your side. This article will explain what constitutes aggravated manslaughter, the penalties you may face, and potential defenses that could help your case.
What is Aggravated Manslaughter in New Jersey?
Aggravated manslaughter is an extremely serious criminal homicide charge in New Jersey. Under NJ statute 2C:11-4, criminal homicide becomes aggravated manslaughter when someone causes the death of another person while acting “under circumstances manifesting extreme indifference to human life.”
This is different from reckless manslaughter, where someone is aware of and disregards a substantial risk of death. With aggravated manslaughter, the accused is presumed to have known there was a high probability their actions would result in death.
For example, firing a gun into a crowd would likely lead to aggravated manslaughter charges for any resulting deaths. The shooter acted with extreme indifference to human life.
Vehicular Homicide as Aggravated Manslaughter
Aggravated manslaughter charges often arise from fatal car accidents. According to New Jersey criminal defense lawyers, common scenarios include:
- Drunk driving resulting in a fatality
- Reckless driving at excessive speeds causing a death
- Street racing that ends with a pedestrian being killed
In these situations, the driver should have known their reckless actions could easily take an innocent life. That meets the “extreme indifference” threshold for aggravated manslaughter.
Penalties for Aggravated Manslaughter in NJ
Aggravated manslaughter is a very serious first degree felony in New Jersey. If convicted, you face:
- 10 to 30 years in New Jersey State Prison
- Fines up to $200,000
- Restitution to the victim’s family
- Loss of driving privileges for up to 2 years following release from prison
With up to 30 years behind bars, these are some of the most severe penalties under New Jersey criminal law. And if you have prior felony convictions, you may face enhanced prison terms under New Jersey’s “Three Strikes” law.
Defenses to Aggravated Manslaughter Charges
While the penalties are clearly harsh, experienced New Jersey criminal defense attorneys may be able to build a strong defense to get your charges reduced or dismissed. Here are some of the most common defenses:
Lack of Extreme Indifference
The prosecution must prove you acted with extreme indifference to human life. For example, if you were driving slightly over the speed limit and got into an accident, you may have been reckless but not indifferent. An attorney can argue you didn’t meet the mental state required for aggravated manslaughter.
Lack of Causation
Even if you were extremely reckless, an attorney may dispute whether your actions actually caused the victim’s death. If there were mitigating factors like bad weather or mechanical failure, you may not be fully responsible.
Self-Defense
Killing another person is justified if you acted in self-defense against an immediate threat. An attorney can argue you were protecting yourself or others.
Diminished Mental Capacity
If you were under an extreme mental or emotional disturbance when the incident occurred, that could negate the intent required for aggravated manslaughter. An attorney may argue you weren’t thinking clearly at the time.
Finding the Right New Jersey Criminal Defense Lawyer
If you or a loved one are facing aggravated manslaughter charges, it’s critical to have an experienced attorney fighting for you. Look for a lawyer who:
- Focuses specifically on NJ violent crimes and homicide cases
- Has a proven track record getting charges reduced or dismissed
- Will thoroughly investigate the circumstances of your case
- Is compassionate and will protect your rights
Don’t leave your fate to chance – consult with a qualified New Jersey aggravated manslaughter defense attorney right away. The stakes are too high, and an skilled lawyer can make all the difference.
With an aggressive legal strategy built on understanding New Jersey criminal law, there are often good options for achieving the best possible outcome. Don’t wait to get experienced legal help on your side.