In New Jersey, when an individual ends the life of another, it is generally referred to as homicide, regardless of the specific details of the situation. There are different types of homicide, however, with the two main types being murder and manslaughter. Understanding the difference between these crimes is crucial if you are facing charges for a related offense. Read on for more information and secure experienced legal advice from a Mercer County violent crime lawyer today.
What is Murder?
New Jersey Statutes 2C:11-3 defines murder in the following ways.
- When a person purposefully causes death or serious bodily injury resulting in death, or
- When a person knowingly causes death or serious bodily injury resulting in death, or
- When a person, acting either alone or with others, is attempting to commit a crime*, engaged in the commission of a crime, or fleeing after committing a crime, and in the course of such action causes the death of a person other than someone participating in the crime
Murder is a first-degree indictable crime. If convicted, an individual could be sentenced to up to 30 years in prison without parole or 30 years to life in prison, with a mandatory minimum of 30 years before being eligible for parole.
*The crimes listed in the legislation include robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, and terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2).
What is Manslaughter?
The crime of manslaughter is outlined in NJ Statutes 2C:11-4. There are two relevant offenses, standard manslaughter and aggravated manslaughter. Standard manslaughter is:
- When criminal homicide is committed recklessly, or
- When a homicide that would otherwise be considered murder under N.J.S.2C:11-3 is committed in the heat of passion resulting from a reasonable provocation
Aggravated manslaughter is defined as follows.
- When a person recklessly causes death under circumstances manifesting extreme indifference to human life, or
- When a person causes the death of another person while fleeing or attempting to elude a law enforcement officer
Manslaughter is a crime of the second degree, punishable by 10 to 20 years in prison. Aggravated manslaughter is a crime of the first degree and is punishable by 10 to 30 years in prison. Both offenses will also result in significant fines and additional penalties.
How Are Murder and Manslaughter Different?
There are many differences between murder and manslaughter in New Jersey. While they are both extremely serious crimes, murder is a more severe offense and results in harsher penalties. One of the key differences between these crimes is the perpetrator’s intent.
When a person kills someone else by accident or in the heat of the moment, the offense is not premeditated. They did not decide to kill in advance and create a plan for how to do it. When you know that you want to take another person’s life and then take steps to do so, it is considered murder.
For more information and to obtain skilled representation, reach out to an experienced defense attorney today.
