Cherry Hill Homicide Attorney

Ending the life of another person is not something that the state takes lightly. Being charged with homicide is a serious offense and one that requires experienced representation. If you are facing accusations of homicide, there is no time to waste.

At The Law Offices of Christopher St. John, our homicide attorney have been serving Haddonfield and South Jersey for decades. Our successful case outcomes have earned us accolades in both the legal and local communities.

Categories of Homicide Charges

New Jersey recognizes three forms of homicide: manslaughter, vehicular homicide (death by auto or vessel), and murder. Manslaughter involves the reckless killing of another, in which the actor may be provoked in the “heat of passion.” While vehicular homicide is also the result of recklessness, the charge applies when a person kills another in the reckless operation of an automobile or vessel.

Murder Overview

Murder charges come with the most serious penalties. Murder may be charged in the first or second degree. The major difference between the two charges is if the act was planned beforehand (premeditated) or impulsive in nature.

First-Degree Murder

Under NJ Rev Stat §2C:11-3, an act is considered first-degree murder when:

• The person purposely causes death or serious bodily injury resulting in death
• The person knowingly causes death or serious bodily injury resulting in death
• The person is engaged in the commission of a crime, such as robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, or terrorism, and death occurs to anyone other than the participants (known as “felony-murder”)

Essentially, first-degree murder involves the intention to kill someone, with the offense being premeditated. A conviction will result in 30 years to life in prison. However, if you kill an on-duty police officer or a minor, you will likely be sentenced to life in prison.

Second-Degree Murder

New Jersey legislation defines second-degree murder as an intentional killing without premeditation. A conviction for second-degree murder may result in a prison sentence of 15 years to life, although a judge will take into consideration other factors that could reduce or lengthen your sentence.

Defenses to Murder Charges

If you are facing murder charges, certain defenses may be available to you, given the specifics of your situation. The following are common defenses to murder charges:

Necessity

A necessity defense may be used if the resulting harm could not be avoided, but the accused performed the act to prevent greater harm. A necessity defense is typically used if the murder occurred in an emergency scenario.

Lack of Intent

If the defendant lacked the appropriate intent, known in the law as mens rea, then a murder charge cannot apply. In murder trials, the prosecution has the burden of establishing mens rea beyond a reasonable doubt.

Self-Defense

Perhaps one of the most commonly asserted defenses, this is also one of the most complicated ones when facing murder charges. Your defense lawyer must demonstrate that deadly force was justifiable to defend yourself in the situation, which is often challenging.

Insanity

An insane person does not have the mental capacity to commit a crime. New Jersey courts often use the M’Naghten Rule to determine a person’s mental state during the commission of a crime. The two-step test requires the defendant either (1) did not know what he or she was doing at the time of the act or (2) knew what he or she was doing but had no understanding of right versus wrong.

In New Jersey, criminal defendants are required to prove insanity by a preponderance of the evidence, meaning that it is more likely than not that the individual was insane during the act. If insanity is established, then the jury must return a verdict of not guilty by reason of insanity.

Murder Charge Defense Lawyer Proudly Serving Haddonfield, NJ

A murder charge puts your entire future in danger. Oftentimes, there are mitigating circumstances or reasons justifying a person’s behavior. If you have been charged with murder, our legal team is ready to come to your aid. To schedule your complimentary consultation, contact us by phone at 856-296-3481 or by filling out our online form.