What Constitutes Murder Versus Manslaughter?

In New Jersey, the legal term ‘criminal homicide’ describes the crime of causing the death of another human being purposefully, knowingly, or recklessly (NJ Rev Stat § 2C:11-2). It includes three distinct crimes, which are further broken down by degrees: murder, manslaughter, and vehicular manslaughter. Intent is the primary difference between murder and manslaughter. Murder requiresanintent to cause death or serious harm resulting in death, while manslaughter only requires engaging in conduct with a reckless disregard for life.

If you were charged with homicide (murder or manslaughter) in New Jersey, contact a Cherry Hill criminal defense lawyer immediately. Retaining counsel now might prevent you from making unintentional admissions about your mental state, protecting you from more serious homicide charges.

Defining Murder and Manslaughter in New Jersey

Prosecutors must prove you’ve committed either murder, manslaughter, or vehicular manslaughter beyond a reasonable doubt. This requires clear evidence of mens rea – a guilty mind. Failure to present this evidence might result in murder charges being reduced or even dismissed. New Jersey defines murder and manslaughter as follows:

Murder (NJ Rev Stat § 2C:11-3)

The accused is guilty of murder if he purposely or knowingly caused the death of another person, including by inflicting a serious bodily injury that results in death. New Jersey also recognizes the felony murder rule. This controversial law states that a person is guilty of murder if he or she, acting alone or while in a group (gang), was engaged in a serious felony such as kidnapping, carjacking, sexual assault, arson, burglary, robbery, or terrorism and, during that felony, one of the participants causes the death of another person. This means you can be charged with murder in Cherry Hill without killing anyone or even intending to kill anyone.

Manslaughter (NJ Rev Stat § 2C:11-4c)

New Jersey defines manslaughter as causing the death of another person through actions demonstrating an extreme indifference to human life. It’s also considered manslaughter if you cause someone’s death while fleeing from law enforcement or commit ‘murder’ in the heat of passion based on reasonable provocation. For example, an experienced Cherry Hill homicide defense attorney might argue that it is manslaughter, not murder if you fatally injured someone who you just learned significantly harmed your child.

Death by Auto (NJ Rev Stat § 2C:11-5)

Also referred to as vehicular manslaughter, this offense occurs when the offender causes someone’s death while driving recklessly. New Jersey considers the following reckless driving offenses to potentially support vehicular manslaughter charges:

• Falling asleep at the wheel after being awake for more than 24 hours
• Driving while intoxicated (drugs or alcohol)
• Using a cell phone
• Operating the vehicle with a suspended or invalid driver’s license

You might be charged with death by auto in Cherry Hill even if you had no intent to cause harm and simply fell asleep after a double shift.

Contact a Dedicated Murder and Manslaughter Defense Attorney in Cherry Hill, NJ

Homicide is a complex crime in New Jersey subject to numerous mitigating and aggravating factors. The dedicated legal counsel at The Law Offices of Christopher St. John might disprove intent to get your murder or manslaughter charges reduced or dismissed by claiming self-defense, aggravation, or lack of knowledge. Contact our compassionate criminal homicide defense lawyers immediately if you’ve been charged with causing another person’s death in Cherry Hill. To schedule a consultation, contact us online or by phone today.