Brett M. Rosen, Esq., a highly experienced criminal defense attorney in New York and New Jersey, was recently quoted in The New York Times regarding the tragic case of Sean Higgins, who is facing charges related to the deaths of Johnny Gaudreau’s brothers. The article, https://www.nytimes.com/athletic/5996372/2024/12/16/johnny-gaudreau-brother-deaths-charges/, highlights the legal complexities surrounding the case and the potential outcomes.

The Case

In August 2024, Sean Higgins was driving a Jeep Grand Cherokee on County Route 551 in New Jersey when he attempted to pass a car and an SUV on a two-lane road. Tragically, this maneuver resulted in a collision with the Gaudreau brothers, who were riding bicycles. Both brothers died as a result of the accident. Higgins is now facing charges of vehicular homicide and aggravated manslaughter.

Brett Rosen’s Expert Commentary

The New York Times sought Brett Rosen’s legal expertise to shed light on the key differences between the charges and the potential challenges faced by both the prosecution and the defense.

• Vehicular Homicide vs. Aggravated Manslaughter: Rosen explained that the crucial distinction lies in the level of culpability. While vehicular homicide involves recklessness, aggravated manslaughter requires proving that the defendant’s actions created a “probability, as opposed to a mere possibility, of death.” This higher burden of proof highlights the severity of the aggravated manslaughter charge.

• Prosecutorial Considerations: Rosen acknowledged that while the prosecution appears to have a strong case, it’s not necessarily an “easy time” for them. Proving “extreme indifference to human life,” a key element of aggravated manslaughter, requires meticulous presentation of evidence and persuasive arguments.

• Potential for a Plea Bargain: Rosen also pointed out the possibility of a plea bargain to resolve the case before trial. This could be a strategic move by the prosecution, especially considering the high-profile nature of the case and the desire to shield the Gaudreau family from the emotional toll of a trial.

Why Brett Rosen’s Quote Matters

Being quoted in The New York Times underscores Brett Rosen’s reputation as a leading criminal defense attorney. It demonstrates his deep understanding of the law and his ability to provide insightful commentary on complex legal matters. This recognition reinforces his commitment to providing exceptional legal representation to clients facing criminal charges. Ultimately, being featured in The New York Times serves as a testament to Brett M. Rosen’s expertise and commitment to providing high-quality legal representation in criminal defense.

If you are facing criminal charges in New York or New Jersey, contact the Law Offices of Brett M. Rosen, Esq. for a confidential consultation.

Potential Defenses in Vehicular Homicide and Aggravated Manslaughter Cases

• Lack of Proof of Recklessness or Extreme Indifference: Challenging the prosecution’s ability to demonstrate the required mental state.
• Accident or Unforeseeable Circumstances: Arguing that the collision was a tragic accident and not the result of reckless or indifferent conduct.
• Mechanical Failure: Investigating the possibility of vehicle malfunction contributing to the accident.
• Intoxication or Impairment of the Victim: Exploring whether the victims’ actions or conditions played a role in the accident.
• Procedural Errors or Violations of Rights: Examining the case for any police misconduct or violations of the defendant’s constitutional rights.

Frequently Asked Questions (FAQs) about Vehicular Homicide and Aggravated Manslaughter

• What is the difference between vehicular homicide and aggravated manslaughter in New Jersey?
  

  • While both involve causing death with a vehicle, the key difference lies in the driver’s mental state and the degree of recklessness.

    • Vehicular Homicide (N.J.S.A. 2C:11-5): This is generally a second-degree crime, focusing on recklessness. The prosecution must prove the driver operated their vehicle recklessly, creating “a substantial and unjustifiable risk” that death would occur. Think of actions like excessive speeding, ignoring traffic signals, or driving under the influence.

    • Aggravated Manslaughter (N.J.S.A. 2C:11-4a): This is a first-degree crime, requiring a higher level of culpability. Prosecutors must prove the driver acted with “extreme indifference to human life,” meaning their conduct created a high probability of death. This often involves actions that demonstrate a conscious disregard for the lives of others, such as driving while highly intoxicated or engaging in extremely dangerous driving behaviors.

• What are the penalties for these offenses?
  

  • Vehicular Homicide: Typically 5 to 10 years in prison and fines up to $150,000. If alcohol or drugs are involved, it can become a first-degree crime with penalties of 10 to 20 years and fines up to $200,000.  

     

  • Aggravated Manslaughter: Carries a potential sentence of 10 to 30 years in prison, with a mandatory minimum parole ineligibility period of 85% under the No Early Release Act (NERA).

• What factors does the court consider when determining sentencing?
  
  • Severity of the offense: The degree of recklessness or indifference displayed.   
    
     
  • Defendant’s criminal history: Prior convictions, especially for driving offenses.
  • Aggravating factors: Intoxication, excessive speeding, leaving the scene of the accident.
  • Mitigating factors: Remorse, cooperation with authorities, lack of prior record.
  • Victim impact statements: Statements from the victim’s family about the impact of their loss.
• What should I do if I am charged with vehicular homicide or aggravated manslaughter?
  
  • Remain Silent: Do not speak to the police without an attorney present.   
    
     
  • Contact an Attorney Immediately: These are serious charges with severe consequences. You need experienced legal representation to protect your rights.   
    
     
  • Gather Information: If possible, try to collect any evidence related to the accident, such as witness contact information or photos of the scene.
• How can a criminal defense attorney help me?
  • A skilled criminal defense attorney can:
    • Investigate the Accident: Thoroughly examine the circumstances, including police reports, witness statements, and accident reconstruction.
    • Challenge the Evidence: Assess the prosecution’s case for weaknesses and challenge the admissibility of evidence.
    • Negotiate with the Prosecutor: Explore plea bargain options or alternative resolutions.
    • Develop a Strong Defense: Build a compelling defense strategy tailored to your specific circumstances.
    • Protect Your Rights: Ensure your constitutional rights are upheld throughout the legal process.
    • Represent You in Court: Provide skilled and aggressive representation at trial.

If you or someone you know is facing charges related to vehicular homicide or aggravated manslaughter, contact the Law Offices of Brett M. Rosen, Esq. for a confidential consultation. We are dedicated to providing experienced and compassionate legal representation to protect your rights and achieve the best possible outcome.

Contact High-Powered Criminal Attorney Brett M. Rosen Today!

Brett M. Rosen’s recent quote in The New York Times regarding the Sean Higgins case significantly elevates his stature as a leading criminal defense attorney in New Jersey. This prominent coverage in a nationally recognized publication highlights his deep understanding of complex legal issues like vehicular homicide and aggravated manslaughter. Mr. Rosen’s insightful commentary on the key differences between these charges, potential defense strategies, and the possibility of a plea bargain showcases his expertise and ability to provide comprehensive legal guidance. This recognition by The New York Times reinforces his commitment to defending the rights of those accused of criminal offenses and achieving the best possible outcomes for his clients. If you are facing similar charges in New Jersey, contact the Law Offices of Brett M. Rosen for a confidential consultation with an attorney who has demonstrated knowledge and experience in high-profile cases.

908-312-0368 & brett@nynjcriminalcivilesq.com