NJ Homicide Defense Attorney
For every person convicted of murder, many innocent individuals are incorrectly accused and charged then find themselves fighting for their freedom. The police are interested in solving the crime and focus on proving any logical suspects to be guilty. It is up to defense counsel to locate and interview witnesses for the accused, substantiate alibis, analyze the crime scene with experts for evidence showing that the accused could not have been the actor. Your defense attorney must work to exclude evidence improperly collected, mishandled, contaminated or illegally obtained. An experienced criminal defense attorney will also review the police reports to ensure the crime scene was not corrupted, police followed procedure and other evidence beneficial to exonerate our clients.
Attacking the Evidence against You
At The Darling Law Firm, our experienced criminal defense attorneys are ready to work tirelessly to resolve your case. With budget cutbacks everywhere, investigators do not often have the opportunity to dedicate substantial resources to each investigation. However, in many towns or small cities in New Jersey, homicides are rare and the interest of those small towns in maintaining their reputations as non-violent communities will motivate local and county law enforcement to employ substantial resources to swiftly bring someone to justice for the killing. In their haste, police may handle evidence improperly, overlook certain suspects and leads or dismiss them prematurely and turn their focus on the first or easiest suspect the evidence indicates.
We examine the prosecution’s case and witnesses while they are looking for a way to convict you. Just as they seek evidence against our client, we are looking for evidence against them including the motive of their witnesses and mistaken theories or beliefs about our client. There are also defenses to homicide which may be asserted on your behalf
In NJ Criminal Homicide (N.J.S.A. 2C:11-2) includes murder, manslaughter and death by auto:
Murder (N.J.S.A. 2C:11-3)
- Purposely causing death or serious bodily injury resulting in death; or
- Knowingly causing death or serious bodily injury resulting in death; or
- Felony Murder is when death results in the commission or attempt of a “predicate offense” of robbery, sexual assault, burglary, arson, kidnapping, carjacking, drug dealing, criminal escape and terrorism. Intention to kill is not a required element of this crime.
If you are convicted of murder you will serve a minimum of 30 years in prison before release and a life sentence is possible. If the victim is a law enforcement officer in the line of duty, a minor under age 14 and the death occurred during a sexual assault you will be sentenced to life without parole.
Manslaughter (N.J.S.A. 2C:11-4)
- Aggravated Manslaughter occurs when the actor
- recklessly causes death under circumstances manifesting extreme indifference to human life; or
- while attempting to flee or evade law enforcement officers.
- Reckless Manslaughter occurs when one recklessly causes the death of another.
- “Heat of Passion” Manslaughter occurs when one causes the death of another in the “heat of passion” resulting from reasonable provocation under circumstances which would cause a reasonable person to experience fear or rage.
Aggravated manslaughter carries a mandatory prison sentence of 10 to 30 years and 10 to 20 years if attempting to evade law enforcement. Reckless manslaughter carries up to 10 years in prison and “heat of passion” manslaughter carries from 5 to 10 years in prison.
Vehicular Homicide (N.J.S.A. 2C:11-5)
Vehicular homicide occurs when death is caused by the reckless operation of a motor vehicle including operation under the influence of drugs or alcohol and while falling asleep behind the wheel after a period of 24 or more hours without sleep.
Vehicular homicide carries a prison sentence of up to 10 years with an 85% parole disqualifier.
Homicide not only deprives you of your freedom for a substantial portion of your life but also carries with it a stigma upon release which can haunt you for the rest of your life. Our job is to defend you against a powerful and organized law enforcement system. You are innocent unless proven guilty. To begin building your defense now, call 973-584-6200 to obtain the services of our firm or click here to e-mail us .
The Darling Law Firm has locations in Morris and Bergen County, New Jersey and Bucks County, Pennsylvania to conveniently serve our clients in New York, New Jersey and Pennsylvania.
Forms of payment accepted: Cash, Visa, Mastercard, Discover, money order, check, traveler’s check and Paypal.