New Jersey Section 2C:11-3 – Murder.
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New Jersey Murder Laws – Section 2C:11-3
Murder laws in New Jersey can be kinda confusing and complicated, with a bunch of different categories and technical language. But let’s break it down into simpler terms.
What is Murder in New Jersey?
In New Jersey, murder is when one person kills another person on purpose and knowingly. There’s a few categories:
- Purposely killing someone
- Knowingly killing someone
- Recklessly killing someone with extreme indifference to human life (like firing into a crowd)
So if you intentionally kill someone, even if its in a fit of rage and not premeditated, its considered murder under New Jersey law. Accidents or killings in self-defense are not murder.
Degrees of Murder
New Jersey divides murder into two degrees: first degree murder and second degree murder. This determines how severely the person is punished if convicted.
First Degree Murder
First degree murder is the most serious type. It means the murder was premeditated and deliberate. Premeditated means the person thought about and planned to commit the murder ahead of time, even if only for a brief period before the act. Examples:
- Lying in wait for the victim
- A murder for hire killing
- Poisoning the victim slowly over time
First degree murder also includes felony murder – when someone is killed during the commission of certain violent felonies like robbery, rape, arson, kidnapping, etc. So if someone dies during your felony crime, you can be charged with first degree murder even if you didn’t intend to kill the person.
Second Degree Murder
Second degree murder is basically any other intentional killing that doesn’t meet the standards of first degree. So its usually a killing committed in a rage or during a fight, without being fully planned out ahead of time. But remember it still has to be intentional – accidentally killing someone would not be second degree murder.
Penalties for Murder in New Jersey
The penalties for murder depend on which degree it is:
- First Degree – 10 to 30 years in prison without parole, up to life in prison with a minimum of 30 years without parole before being eligible for release.
- Second Degree – 10 to 30 years in prison, with a minimum of 30 years served before being eligible for parole in some cases.
New Jersey does not have the death penalty anymore. The punishment is life in prison. And there is no possibility of probation or suspended sentence with murder – you will serve at least 10 years in prison if convicted.
Defenses to Murder Charges
There are a few defenses that can get a murder charge reduced or dismissed in New Jersey:
Passion/Provocation Manslaughter
This is when you intentionally kill someone after being seriously provoked or in the heat of passion. Like if you catch your spouse cheating and kill them in a rage. Its still intentional so its not self-defense, but the provocation mitigates the charges from murder to manslaughter.
Imperfect Self-Defense
This is when you honestly believe you need to use deadly force in self-defense, but your belief is unreasonable. Like if someone punches you and you respond by killing them, even though you were not facing serious bodily harm or death. Since you sincerely believed you were defending yourself, this can reduce murder to manslaughter.
Insanity Defense
If you have a severe mental disease or defect and did not understand your actions or that they were wrong, you may be found not guilty by reason of insanity. You will be committed to a psychiatric hospital rather than prison if successful.
There are other more technical defenses too, like diminished capacity, duress, or intoxication. Talk to an experienced New Jersey criminal defense lawyer if you are charged with murder.
Juveniles Charged as Adults for Murder
In New Jersey, juveniles as young as 15 can be charged as adults for murder. The prosecutor has discretion whether to charge juveniles in adult court. Factors considered are the seriousness of offense, impact on victims, and public safety.
Juveniles tried as adults face the same penalties as adult offenders. However, juveniles cannot be sentenced to life without parole, even for first degree murder, under recent Supreme Court rulings.
Takeaways
- Murder is intentionally killing another person, unless its self-defense, accidental, etc.
- First degree murder is planned out ahead of time. Second degree is intentional but in the heat of the moment.
- Penalties range from 10 years to life in prison depending on degree.
- Defenses like passion/provocation, imperfect self-defense, or insanity can reduce charges.
- Juveniles as young as 15 can be charged as adults.
The New Jersey murder statute is complicated, with many nuances. Consult an experienced criminal defense lawyer if facing charges, to understand how the law applies and possible defenses. Don’t go it alone!
References
New Jersey Statutes 2C:11-3 – Murder
First Degree Murder in New Jersey
New Jersey Murder Laws and Penalties