New Jersey Homicide & Murder Lawyers

Types of Homicide Charges in New Jersey

If a person kills someone else, it is usually referred to as a homicide, regardless of the intent and circumstances surrounding the situation. That does not mean that every homicide results in criminal charges. For example, certain instances of self-defense or homicide as a result of an accident may not warrant charges.

If the homicide was planned or committed on purpose, it is considered murder.

New Jersey Criminal Homicide Law has three categories:

Murder vs. Homicide

Although murder and homicide are often used interchangeably, the legal definitions for murder and homicide are different. A homicide does not always mean a crime occurred and murder is defined as unlawful homicide.

Homicide is legally defined as follows:

Any killing of a human by another human
A justifiable killing (i.e., self-defense)
Not necessarily illegal, but unlawful homicide is classified as a crime like murder or manslaughter

Murder is legally defined as follows:

Intentional killing of a human by another human
Unlawful and not legally justified
The alleged crime was committed with “malice aforethought”, meaning the killing was committed with the intention to kill someone without a legal justification or excuse
Intentional infliction of bodily harm to a victim which causes the death of the victim
Behavior was exhibited that demonstrates extreme, reckless disregard for life resulting in the victim’s death

The definition of murder is not defined by common law but rather by statute. Statutes are derived from common law which is why it is important to look at statutes for important distinctions, such as the difference between 1st and 2nd-degree murder.

How Long Could You Go To Prison For Murder?

If convicted of murder, the length of time you will be sentenced to prison will depend on the classification of the murder charge. Generally, the penalty for murder in New Jersey can range from 15 years to life.

First Degree Murder vs. Second Degree Murder

Murder charges are classified as either first-degree or second-degree murders, and the primary distinction between the two categories is premeditation or deliberation. In New Jersey, murder is a first-degree crime, and the NJ Criminal Homicide Law has three forms of murder:

Purposeful
Knowing
In the course of committing, or attempting to commit, certain felonies

For purposeful or knowing murder, the state must prove:

A person has died
The defendant caused the death or caused serious injuries that resulted in the death of another person
The defendant acted purposefully or knowingly, e.g., using a deadly weapon capable of killing, such as a knife or gun

An exception to rule in distinguishing between first- and second-degree murders that will result in first-degree murder charges is if the homicide was committed during the perpetration or attempted perpetration of another crime such as:

Arson
Burglary
Carjacking
Criminal escape
Kidnapping
Robbery
Sexual assault
Terrorism

Penalties for First Degree Murder in New Jersey

In New Jersey, the penalty for murder in the first degree is 30 years to life in prison.

In certain circumstances, such as killing an on-duty police officer or someone under 14 years old, the penalty is life in prison without the possibility of parole.

Penalties for Second Degree Murder in New Jersey

Aggravating factors — aspects of the situation such as criminal history that increase the length of sentencing — and mitigating factors — which generally lessen the sentence — play an important role in the penalties for second-degree murder. This is because sentencing guidelines allow for a range of sentencing, generally around 15 years to life in prison.

Can You Get the Death Penalty for Murder in NJ?

New Jersey no longer sentences those convicted of serious crimes to be executed.

The death penalty in New Jersey was abolished in 1965 and capital punishment

was abolished in 2007 in favor of life with no parole.

Attempted Murder in NJ

Attempted murder is classified as a separate offense from murder in New Jersey. Attempted murder is defined as a canceled or failed attempt to murder another person. In an attempted murder case, the prosecution will have to prove that the person who has been charged intentionally attempted to kill another person.

To be charged with attempted murder the following conditions must be met:

Intent to kill another human
Intent to act, which means preparation occurred to act out a murder
A “substantial step” toward the full commission of the crime was demonstrated (i.e., paying a hitman to murder someone with a weapon without the victim actually dying)
The alleged victim must not have died

Attempted murder charges are taken very seriously and a conviction can lead to serious penalties or jail time. Similar to murder, attempted murder charges are classified by the following degrees:

1st Degree Attempted Murder
2nd Degree Attempted Murder

Penalties for attempted murder can range from 5 to 15 years in prison for 2nd-degree charges and up to life in prison for 1st degree attempted murder charges.

If you are facing attempted murder charges it is vital that you hire an attorney to defend you against attempted murder charges.

NJ Murder & Homicide Criminal Defense Lawyers

If you’ve been accused of murder, you need the proven skills of Rosenberg | Perry & Associates as your representative and advocate in court.

Not only are our attorneys certified by the Supreme Court of New Jersey as criminal trial lawyers, but our legal team includes former county prosecutors. We have a first-hand understanding of the opposition’s perspective, and we will use this knowledge to design and execute a winning defense.

If you are accused of murder or manslaughter, you and your family are caught in a confusing, and often frightening process. Our compassionate and empathetic attorneys understand and will work diligently to represent your best interests both in and out of court. We can start with a free consultation — call (609) 216-7400 to schedule an appointment.

New Jersey Attempted Murder & Murder Defense Attorneys