New Jersey Manslaughter Law: How to Fight a Charge of Reckless Killing

Elizabeth, NJ Manslaughter Defense Attorneys

Manslaughter (NJSA 2C:11-4) is a serious criminal offense that involves the killing of another person without the intent or malice required for murder. Manslaughter is often the result of a reckless or negligent act that causes death, such as driving under the influence, shooting a gun, or hitting someone in a fight. Manslaughter can also be the result of a heat of passion killing, where a person acts in a sudden rage or emotional disturbance after being provoked by the victim.

If you are accused of manslaughter in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Give our office a call today to discuss you or your loved one’s New Jersey manslaughter charge.

Elements of Manslaughter

In order to be convicted of manslaughter, the prosecution must prove the following elements beyond a reasonable doubt:

  • That the defendant caused the death of another person; and
  • That the defendant acted recklessly or in the heat of passion.
 
What are the Types and Degrees of Manslaughter in New Jersey?

In New Jersey, there are four types of manslaughter charges: 

  • Aggravated manslaughter: This is the most serious type of manslaughter, and it is a crime of the first degree. Aggravated manslaughter occurs when a person recklessly causes death under circumstances manifesting extreme indifference to human life, or when a person causes death while fleeing or attempting to elude a law enforcement officer. Aggravated manslaughter carries a penalty of 10 to 30 years in prison and a fine of up to $200,000.
  • Reckless manslaughter: This is the most common type of manslaughter, and it is a crime of the second degree. Reckless manslaughter occurs when a person recklessly causes death. Recklessness means that the person was aware of and consciously disregarded a substantial and unjustifiable risk of death, and that the risk was so great that it showed a gross deviation from the standard of conduct that a reasonable person would observe in the same situation. Reckless manslaughter carries a penalty of 5 to 10 years in prison and a fine of up to $150,000.
  • Passion/provocation manslaughter: This is a type of manslaughter that is based on the concept of “heat of passion”. Passion/provocation manslaughter occurs when a person kills another in the heat of passion resulting from a reasonable provocation. The provocation must be so severe that it would cause an ordinary reasonable person to lose self-control and act on impulse, without reflection or deliberation. The killing must also occur before the person has a chance to cool off. Passion/provocation manslaughter is a crime of the second degree, and it carries the same penalties as reckless manslaughter.
  • Death by auto or vehicular homicide: This is a type of manslaughter that involves the use of a vehicle. Death by auto or vehicular homicide occurs when a person causes death by driving a vehicle recklessly. Recklessness in this context means that the person drove in a manner that created a substantial and unjustifiable risk of death, and that the risk was so great that it showed a gross deviation from the standard of conduct that a reasonable person would observe in the same situation. Death by auto or vehicular homicide is a crime of the second degree, and it carries the same penalties as reckless manslaughter.
Reckless Manslaughter

To prove reckless manslaughter, the prosecution must show that the defendant acted with a conscious disregard for a substantial and unjustifiable risk of serious bodily harm to another person. This means that the defendant must have been aware of the risk that his or her actions could cause serious harm, but chose to disregard that risk anyway.

For example, if a person drives drunk and hits and kills a pedestrian, the driver could be charged with reckless manslaughter. The driver knew that driving drunk was dangerous, but chose to do it anyway. This shows a conscious disregard for the safety of others.

Heat of Passion Manslaughter

To prove heat of passion manslaughter, the prosecution must show that the defendant killed another person in the heat of passion resulting from reasonable provocation. This means that the defendant was acting impulsively and without premeditation, and that the provocation was so severe that it would have caused an ordinary, reasonable person to lose self-control.

For example, if a person catches their spouse cheating on them and kills the spouse’s lover in a fit of rage, the person could be charged with heat of passion manslaughter. The provocation in this case (the infidelity) is so severe that it would have caused an ordinary, reasonable person to lose self-control.

Aggravated Manslaughter

To prove aggravated manslaughter, the prosecution must show that the defendant committed a homicide with a reckless disregard for human life. This means that the defendant must have been aware that his or her actions were likely to cause death, but chose to disregard that risk anyway.

For example, if a person shoots at a crowd of people, the person could be charged with aggravated manslaughter. The person knew that shooting at a crowd of people was likely to cause death, but chose to do it anyway.

Vehicular Homicide

To prove vehicular homicide, the prosecution must show that the defendant caused the death of another person while operating a motor vehicle while under the influence of alcohol or drugs.

How Can a New Jersey Criminal Defense Lawyer Help You Defend Yourself Against a Manslaughter Charge?

A manslaughter charge is a very serious and complex charge to defend against. There are many possible defenses, depending on the facts and circumstances of your case. Some of the common defenses are:

  • Self-defense: You can claim that you acted in self-defense if you reasonably believed that you or another person were in imminent danger of death or serious bodily injury, and that you used no more force than necessary to protect yourself or the other person. Self-defense is a complete defense that can result in an acquittal or a dismissal of the charge.
  • Insanity: You can claim that you were insane at the time of the killing if you can show that you suffered from a mental disease or defect that prevented you from knowing the nature and quality of your actions, or from knowing that your actions were wrong. Insanity is an affirmative defense that can result in a verdict of not guilty by reason of insanity, which may lead to involuntary commitment to a mental institution.
  • Duress: You can claim that you acted under duress if you can show that you were coerced or threatened by another person to commit the killing, and that you had no reasonable opportunity to escape or resist. Duress is a partial defense that can reduce the charge from aggravated manslaughter to reckless manslaughter, or from reckless manslaughter to passion/provocation manslaughter.
  • Mistake: You can claim that you made a mistake if you can show that you did not intend to cause death or serious bodily injury, or that you did not know that your actions would result in death or serious bodily injury. Mistake is a partial defense that can reduce the charge from aggravated manslaughter to reckless manslaughter, or from reckless manslaughter to passion/provocation manslaughter.
  • Lack of recklessness: You can claim that you lacked recklessness if you can show that you were not aware of or did not consciously disregard a substantial and unjustifiable risk of death, or that the risk was not so great that it showed a gross deviation from the standard of conduct that a reasonable person would observe in the same situation. Lack of recklessness is a partial defense that can reduce the charge from aggravated manslaughter to reckless manslaughter, or from reckless manslaughter to passion/provocation manslaughter.

A New Jersey criminal defense lawyer can help you explore your options and present the best possible case for your situation. A lawyer can also help you challenge the evidence and the arguments of the prosecution, and seek to reduce or dismiss the charge, or negotiate a plea bargain. Contact our office today to discuss your or your loved one’s manslaughter charge.

Premier New Jersey Manslaughter Charge Lawyer

If you are facing a manslaughter charge in New Jersey, you need to act quickly and contact a New Jersey criminal defense lawyer as soon as possible. Manslaughter is a very serious matter that can affect your life in many ways. You need a lawyer who has the knowledge, the experience, and the dedication to handle your case with the utmost care and professionalism. There are many reasons why you might want to hire Brett M Rosen as your criminal defense attorney. Here are some of them:

These are just some of the reasons why Brett M Rosen might be a good choice for your criminal defense attorney. Contact our office today to discuss your case.