Morris County NJ Manslaughter Lawyers
Criminal Defense Attorneys in in East Hanover, New Jersey
A Manslaughter or Aggravated Manslaughter conviction will change your life. If you have been arrested for or charged with Manslaughter, it is imperative that you seek experienced legal representation before speaking to anyone about the incident or event that triggered your arrest. You have the right to an attorney’s presence during all aspects of your arrest process.
The Tormey Law Firm represents clients charged with serious criminal offenses, including manslaughter, aggravated assault, and robbery in Morristown, Netcong, Parisppany, Dover, Rockaway, Denville, and throughout Morris County. Our managing partner, Travis J. Tormey, has handled thousands of cases in New Jersey courts. Mr. Tormey is also a respected legal authority and has been cited as such by the Daily Record in Morris County, the Asbury Park Press in Monmouth County, and the Bergen Record in Bergen County. Another one of our partners, Alissa D. Hascup, is a former Morris County Assistant Prosecutor, former Special Deputy Attorney General, and active Municipal Prosecutor. During her time with the Morris County Prosecutor’s Office, she prosecuted hundreds of cases ranging from Homicide and Aggravated Assault to Robbery and Child Abuse. If you or your loved one is facing charges for manslaughter, contact our Morristown offices anytime at (908) 336-5008 or use our online contact form for a free consultation with a Morris County manslaughter defense attorney.
Manslaughter and Aggravated Manslaughter Statute: N.J.S.A. 2C:11-4
Manslaugher is criminalized under N.J.S.A. 2C:11-4, which provides in pertinent part:
§ 2C:11-4. Manslaughter
a. Criminal homicide constitutes aggravated manslaughter when:
(1) The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or
(2) The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of another person. As used in this paragraph, “actor” shall not include a passenger in a motor vehicle.
b. Criminal homicide constitutes manslaughter when:
(1) It is committed recklessly; or
(2) A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.
c. Aggravated manslaughter under paragraph (1) of subsection a. of this section is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. Aggravated manslaughter under paragraph (2) of subsection a. of this section is a crime of the first degree. Manslaughter is a crime of the second degree.
Murder, Manslaughter, and Aggravated Manslaughter in New Jersey
Under New Jersey law, Murder may be downgraded to manslaughter when it is either committed recklessly or in the heat of passion resulting from a reasonable provocation.
According to the statute, the key difference between manslaughter and aggravated manslaughter is that manslaughter is enhanced to aggravated manslaughter when the actor shows extreme indifference to the value of human life.
Both manslaughter and aggravated manslaughter are committed recklessly, distinguishing the charges from murder, which is committed purposefully or knowingly.
Aggravated Manslaughter is a crime of the first degree – the most serious under our Criminal Code. Normally, a crime of the first degree is punishable by a period of between 10 and 20 years in NJ State Prison. However, a person convicted of the crime of Aggravated Manslaughter under paragraph 1 is subject to a period of incarceration of between 10 and 30 years, with 85% to be served under the No Early Release Act (“NERA”). A person convicted of the crime of Aggravated Manslaughter under paragraph 2 is subject to a period of incarceration of between 10 and 20 years, with 85% to be served under the NERA.
Generally, Manslaughter is a crime of the second degree, punishable by a period of between five (5) to 10 years in NJ State Prison, with 85% to be served under the NERA.
Contact a Denville NJ Manslaughter Lawyer for a Free Consultation
If you find yourself in a situation where you have been charged with a serious criminal offense such as Murder or Manslaughter, it is important that you seek legal representation immediately. The criminal trial team at the Tormey Law Firm includes lawyers who have successfully represented countless clients charged with aggravated assault, robbery, and manslaughter charges in NJ courtrooms. Our extensive experience has allowed us to craft effective defense strategies in criminal cases, and our track record for successful resolutions to even the most complex criminal matters is well known. For additional information about manslaughter charges in New Jersey, and a free consultation about your case, give us a call anytime at (908) 336-5008. One of our highly knowledgeable Morris County criminal defense lawyers is standing by to assist you.