Manslaughter is one of the most serious criminal offenses you can be charged with, so feeling overwhelmed or frightened after being accused is only natural. Knowledge is power, so understanding how this offense is defined and the possible consequences you can incur is imperative in protecting yourself and determining your next steps. Hiring an experienced Mercer County criminal defense lawyer is crucial during this time. Reach out to the Law Office of Douglas Herring to schedule your free consultation today.
What is Manslaughter in NJ?
Manslaughter is defined as the unlawful killing of another person without malice aforethought. While murder involves purposefully causing another person’s death or a premeditated killing, manslaughter is generally accidental or lacks the same intent.
Under N.J.S.A. 2C:11-4, criminal homicide constitutes manslaughter if it is committed recklessly or if it is committed in the heat of passion resulting from a reasonable provocation. When you take a life accidentally due to recklessness, it is considered manslaughter, as you did not intend to kill the victim, but it was a direct result of your actions. The heat of passion refers to a sudden emotional state caused by being provoked by the situation. You may intentionally take the victim’s life, but it was not planned and was caused by a provocation that would cause a reasonable person to lose self-control.
What Constitutes Aggravated Manslaughter?
Aggravated manslaughter occurs when you recklessly cause the death of another person under circumstances manifesting extreme indifference to human life, or when you cause the death of another person while fleeing or attempting to elude a law enforcement officer.
What Are the Penalties for Manslaughter in NJ?
The penalties you incur as a result of a manslaughter conviction will vary depending on the specific circumstances of the situation. Manslaughter is typically charged as a second-degree indictable crime (felony), and aggravated manslaughter is a first-degree indictable crime.
Standard sentencing for manslaughter generally includes a prison sentence of 10 to 20 years and fines of up to $150,000. Aggravated manslaughter will typically result in 10 to 30 years in prison and fines of up to $200,000.
What Defenses Can I Use During My Case?
With the help of a skilled defense attorney, you can use one or more of the following defenses to fight against your charges.
- You were acting in self-defense or defense of others
- The death was an unforeseeable accident and not the result of your negligence or recklessness
- Insanity or diminished capacity, meaning you were not mentally capable of understanding your actions and their possible consequences
- You acted under duress or coercion
- The prosecution lacks sufficient evidence, or you can create a reasonable doubt
Understanding how to defend yourself during your case is crucial in protecting your rights and future. Work with a skilled attorney for experienced representation and legal counsel today.
