Any loss of life is tragic. If your actions caused another person’s death, you may have been accused of or charged with manslaughter, a type of criminal homicide. Manslaughter is a slightly less severe offense than murder, but still involves the unlawful killing of another human being. Understanding the definition of this crime, the possible consequences, and effective defenses that can be used to fight your charges is crucial in protecting your legal rights and future. Continue reading for more information, and work with a skilled Bergen County criminal defense lawyer for skilled representation during your case.
What is the Crime of Manslaughter in NJ?
In New Jersey, manslaughter is defined under New Jersey Statutes Annotated 2C:11-4. This legislation states that manslaughter occurs when:
- “It is committed recklessly; or
- A homicide which would otherwise be murder under N.J.S.2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.”
Manslaughter is criminal homicide committed without malice aforethought. A death does occur as a result of your actions, but you did not plan or mean to kill the person. The incident arises due to your negligence, recklessness, or as a result of a sudden and intense emotional state caused by a provocation significant enough to cause a reasonable person to lose self-control, and there was no “cooling-off” period to allow you to calm down or collect yourself.
The same law also outlines aggravated manslaughter. This is a slightly more severe offense and involves a death occurring due to reckless actions manifesting extreme indifference to human life or a death that occurs while fleeing law enforcement.
What Are the Penalties for a Manslaughter Conviction?
Manslaughter is a serious criminal offense and involves the unlawful loss of life. Therefore, the penalties associated with a conviction are quite severe. While the actual outcome will vary depending on the specific circumstances, the standard sentencing guidelines for manslaughter are generally as follows.
- Standard manslaughter: Second-degree indictable crime, 10 to 20 years in prison, fines of up to $150,000
- Aggravated manslaughter: First-degree indictable crime, 10 to 30 years in prison, fines of up to $200,000
These repercussions are significant and have life-changing consequences.
What Defenses Can I Implement?
It’s imperative that you are aware of some common and effective defenses to manslaughter charges. Consider the following.
- Self-defense: You could argue that you acted to protect yourself or another person from immediate danger of serious injury or death
- Accident: If the death was a true accident, meaning that you did not act with reckless or negligent conduct, you may not be criminally liable
- Mental health: It is possible that a mental illness or psychological impairment prevented you from understanding your actions, and that you did not have the capacity to commit manslaughter
- Lack of causation: You may be able to prove that the victim’s death resulted from another cause, not your actions
There are many effective defenses that can be implemented in your case. Reach out to a skilled attorney for more information and legal counsel.