Bergen County Aggravated Manslaughter Lawyer
Englewood Cliffs NJ Aggravated Manslaughter Attorney
Aggravated manslaughter is a crime of the first degree in New Jersey. This is a very serious charge and obviously carries very harsh penalties for anyone convicted of this offense. An individual will be charged with the offense of aggravated manslaughter if there is enough probable cause to show that the defendant caused the death of another individual “under circumstances manifesting extreme indifference to human life” (see). The Law Offices of Marshall, Bonus, Proetta & Oliverhas over 100 years of combined experience on staff, including over twenty years of prosecuting experience. If you or someone you know has been charged with aggravated manslaughter or any other homicide offense in New Jersey, we can help. Here is some important information with regards to the offense of aggravated manslaughter, including the requisite elements.
Aggravated Manslaughter: N.J.S.A. 2C:11-4(a)
Material Elements: The state must prove three key elements elements beyond a reasonable doubt. First, they must prove that a person actually died. Secondly, it must proven that the alleged defendant caused the said death and lastly, the defendant acted recklessly “under circumstances manifesting extreme indifference to human life”.
Unlike a manslaughter charge, the legislatures have declared that an aggravated manslaughter offense automatically elevates the “risk of death” requirement under the statute from a possibility to a probability of causing a death.
Aggravated Manslaughter Causing Death While Eluding the Police:
Material Elements: Before a defendant can be convicted of this offense, the state must prove five key elements beyond a reasonable doubt. They are as follows:
- That the defendant operated a motor vehicle;
- That the defendant received a signal from a police officer to stop his vehicle;
- That the defendant either fled or attempted to elude the said officers signal;
- That the defendant committed this act knowingly; &
- That during the course of or while attempting to elude the said officers signal, the defendant caused the death of another person.
Applicable Penalties if Convicted:
Aggravated Manslaughter: Extreme Indifference to Human Life Manslaughter
Traditionally, the maximum prison sentence for anyone convicted of first degree aggravated manslaughter in New Jersey was thirty years. The normal sentence in which a defendant would receive for this offense would be twenty years. If the defendant is extended term eligible, a sentence of anywhere between thirty years to life in prison is required. Lastly, aggravated manslaughter is a No Early Release Act Offense (N.E.R.A.), this requires a defendant to serve at least 85% of their sentence before the can become eligible for parole.
Aggravated Manslaughter Committed While Eluding
A conviction for an eluding aggravated manslaughter offense carries with it a maximum of twenty years in a New Jersey State Prison, however, the normal sentence imposed is fifteen years. Just like the extreme indifference to human life aggravated manslaughter offense, a defendant who is extended term eligible must be sentenced anywhere between thirty years to life imprison. Further, NERA also applies, therefore, a defendant must serve at least 85% of their sentence before they can become eligible for parole.
Powerhouse Bergen County Criminal Defense Firm
The Law Offices of Marshall, Bonus, Proetta & Oliverhas three former prosecutors on staff. We are more than equipped to handle these types of charges. If you or someone you know has been charged with manslaughter or aggravated manslaughter in New Jersey it is imperative that you speak to an experienced criminal defense trial attorney immediately as you can tell your freedom is on the line. Please feel contact anyone of our Bergen County offices for a free initial consultation about your pending charges.