Being charged with manslaughter in the state of New Jersey is one of the most serious criminal allegations you can face, just behind murder. Without further ado, please continue reading to understand what a manslaughter charge means and how an experienced Morris County violent crime lawyer at Macri Law Firm can help ward off these extremely harmful accusations.
How does New Jersey define manslaughter versus murder?
Of note, all states recognize some form of manslaughter, whether through common law or statutory law, but they may have different definitions and classifications of the crime. Well, according to New Jersey statute, manslaughter is legally defined as a killing that is committed recklessly or in the heat of passion resulting from a reasonable provocation. Further, aggravated manslaughter is seen as a killing that is committed recklessly with extreme indifference to human life, or while fleeing or attempting to elude a law enforcement officer.
With that, New Jersey observes a separate statute for murder. This is considered a criminal offense in which an actor purposely or knowingly causes death or a serious bodily injury resulting in death. Or, if it is committed when an actor is engaged in the commission of, an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, or terrorism.
What should I understand about a manslaughter charge in New Jersey?
It is worth re-emphasizing that the New Jersey court distinguishes between acts of reckless and aggravated manslaughter. While the former may be punished less harshly than the latter, you still do not want to be found guilty of and pay the consequences of either. That said, reckless manslaughter is sentenced as a second-degree crime. This means it is punishable by five to 10 years in prison, a $150,000 fine, and a felony on your permanent criminal record.
Then, aggravated manslaughter is upgraded to a first-degree crime. This may entail imprisonment for 10 to 30 years, a fine of up to $200,000, and again, a felony on your record. You must understand that a prison sentence is presumed for any first-degree conviction, regardless of your criminal history. Lastly, both reckless and aggravated manslaughter are subject to New Jersey’s No Early Release Act (NERA). This means you must serve at least 85 percent of your prison sentence before becoming eligible for parole.
As a final note, murder is treated the same way as aggravated manslaughter, a first-degree crime. And so, while we understand that you may not want to deal with any of this right now, it must be addressed for the sake of your well-being and reputation. So please allow a skilled Morris County violent crime lawyer from Macri Law Firm to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.