New Jersey Murder Law: How to Defend Yourself Against the Most Serious Charge
Elizabeth, NJ Murder Defense Attorneys
Murder is the most serious charge you can face in New Jersey. It is a crime of the first degree, which means it carries a penalty of 30 years to life in prison without parole. Murder is defined as purposely or knowingly causing death or serious bodily injury resulting in death, or causing death while committing, attempting, or fleeing from certain felonies, such as robbery, kidnapping, arson, rape, or terroristic threats.
If you are accused of murder 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 sex crime, Attorney Brett M. Rosen is an excellent choice. Here’s why:
- 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.
- 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”.
- Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
- 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.
- Recognition: He has been recognized as a Rising Star by Super Lawyers.
If you or a loved one is facing murder charges in New Jersey, it is important that legal assistance is sought after. Contact our law firm today to discuss your potential murder case.
Types of Murder in New Jersey
New Jersey law codifies murder under N.J.S.A. 2C:11-3. There are two main types of murder in New Jersey: murder and felony murder.
- Murder is defined as the unlawful killing of another human being with malice aforethought. Malice aforethought means that the killing was done with intent, or with reckless disregard for human life.
- Felony murder is defined as the killing of another human being during the commission or attempted commission of a felony. Felony murder is a strict liability crime, meaning that the defendant does not have to have intended to kill the victim in order to be convicted.
What is Murder?
Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought means that the killing was done with intent, or with reckless disregard for human life.
What the Prosecution Must Prove to Convict You of Murder
To convict you of murder, the prosecution must prove two elements beyond a reasonable doubt: malice and intent.
Malice means a wicked or evil purpose, or a conscious disregard for human life. It is not enough to show that you acted negligently or recklessly. The prosecution must show that you had a specific motive or reason to cause death or serious bodily injury.
Intent means a conscious decision to cause death or serious bodily injury. It is not enough to show that you acted impulsively or spontaneously. The prosecution must show that you had a clear plan or design to kill or harm the victim.
The prosecution must also show that your actions were the direct and proximate cause of the death. This means that there was no intervening or superseding factor that broke the causal chain between your actions and the death.
How a New Jersey Criminal Defense Lawyer Can Help You Defend Yourself Against a Murder Charge
A murder charge is a very complex and challenging 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 justification defense, meaning that it is a complete defense to the crime of murder.
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- Defense of others: Defense of others is similar to self-defense, except that it is used to defend another person from death or serious bodily harm.
- Insanity: Insanity is a mental state defense, meaning that it negates the defendant’s mens rea, or criminal intent. 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.
- 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.
- 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.
- Lack of intent: You can claim that you lacked intent if you can show that you did not act purposely or knowingly, or that you acted under the influence of drugs, alcohol, or medication that impaired your judgment or awareness.
- Intoxication: Intoxication is not a complete defense to murder, but it can be used to reduce the charge to manslaughter. Intoxication is available when the defendant was so intoxicated at the time of the crime that they were unable to form the requisite mens rea for murder.
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.
If You Are Charged with Murder
If you have been charged with murder in New Jersey, it is important to contact an experienced criminal defense attorney immediately. A criminal defense attorney can help you understand your legal rights and options and can develop a strong defense strategy on your behalf.
Here are some additional things you should keep in mind if you are charged with murder:
- Do not speak to the police without an attorney present.
- Do not try to investigate the crime yourself.
- Gather any evidence that may be helpful to your defense, such as witness statements, character references, and medical records.
- Be patient and cooperative with your attorney.
Murder is a serious crime, but it is important to remember that you are still innocent until proven guilty. Your attorney will work hard to defend your rights and ensure that you receive a fair trial. Contact our office today to discuss you or your loved one’s potential murder case.
Top-Tier New Jersey Murder Charge Lawyer
If you are facing a murder charge in New Jersey, you need to act quickly and contact a New Jersey criminal defense lawyer as soon as possible. Murder 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:
- He has been recognized as one of the top criminal defense attorneys of 2023 by LA Weekly.
- He has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
- He has extensive experience in handling criminal cases, including homicide, drug crimes, gun crimes, sex crimes, and white collar crimes.
- He has successfully defended clients in high-profile cases involving celebrities and reality stars.
- He is passionate, dedicated, and assertive in representing his clients, and strives to secure the best possible outcome for them.
- He is an advocate for mental health and well-being within the legal profession, and understands the stress and emotional toll that comes with facing legal challenges.
- He is interested in advancements in artificial intelligence and their impact on the legal industry, and stays abreast of new developments to enhance his practice.
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.