New Jersey Aggravated Manslaughter Charges

What Constitutes Aggravated Manslaughter Under New Jersey Law?

The New Jersey aggravated manslaughter statute is set forth at N.J.S.A. 2C:11-4 and outlines two different types of conduct that result in a violation. The first way someone can commit this offense is by causing a death as the result of reckless conduct that rises to the level of manifesting extreme indifference to the value of human life. The second way someone can commit aggravated manslaughter is by causing a death while fleeing or attempting to elude the police in NJ.

The important dynamic in understanding aggravated manslaughter lies in the state of mind necessary to result in this offense. It is not enough that an individual act negligently, meaning that their action deviates from the normal standard of care under the circumstances. It also isn’t enough for the person to behave recklessly by engaging in the conduct despite the possibility of injury or death to others, such as what is required to charge someone with manslaughter in New Jersey. The actions of the accused must go still further and manifest extreme indifference to human life in order for aggravated manslaughter to be committed. What we are talking about is a situation where someone commits an act in the face of a probability of death to others.

How Does The Prosecutor Prove An Aggravated Manslaughter Charge?

There are three (3) elements of proof that must be established, beyond a reasonable doubt, in order to convict someone for aggravated manslaughter in New Jersey. The state must prove that you:

1. Caused the death of another person;
2. As the result of recklessness; and
3. The conduct was under circumstances manifesting extreme indifference to human life.

The first element that the prosecutor must prove is that the defendant caused the death of another. It is not simply enough, however, that but for the conduct of the accused there wouldn’t have been a death. The law requires that the victim’s death be within the risk contemplated by the defendant or, alternatively, the death must not have been too remote, accidental, or dependent on the actions of another person.

The second element of proof is reckless conduct. The definition of reckless under New Jersey criminal law is contained at N.J.S.A. 2C:2-2b(3) and means that someone “consciously disregarded a substantial and unjustifiable risk” of serious injury or death. It isn’t just carelessness but rather a gross deviation from the standard of conduct that a reasonable person would observe under the circumstances.

The final element that must be proven by the prosecution is that the actions of the defendant manifested extreme indifference to the value of human life. The ultimate question here is whether there was a mere possibility of death or probability of death. The state must demonstrate, beyond a reasonable doubt, that death for probable in order for this requirement to be met.

When Vehicular Homicide Escalate to Aggravated Manslaughter?

There are a number of ways that someone can face a New Jersey vehicular homicide offense but the cornerstone is always reckless conduct. This can be established by virtue of a blood alcohol concentration (“BAC”) exceeding the legal limit or from other indicia of recklessness such as excessive speeding, racing or other motor vehicle violation. An aggravated manslaughter charge requires more than mere reckless conduct — the actor must consciously ignore a known probability of death to others. The degree of risk (i.e. possible or probable) that death would result is what differentiates aggravated manslaughter and vehicular manslaughter. When the conduct only carries a possibility of death then the appropriate offense is known as reckless homicide or death by auto. If the actions of the accused involved a probability of death to others then the charge is aggravated manslaughter.

What Are The Penalties For Aggravated Manslaughter?

Aggravated manslaughter is often referred to as a first-degree “plus” crime under NJ law. What this means is that the penalties go beyond the standard 10-20 years in prison when someone is sentenced for aggravated manslaughter. The charge carries a special sentence of 10-30 years in prison.

The No Early Release Act (“NERA”) also applies at the time of sentencing. What this means is that an individual is not eligible for parole unless and until they serve at least 85% of their sentence. For example, a NERA defendant would have to serve 17 years on a 20-year sentence before they can be considered for parole.

By way of comparison, manslaughter is a second-degree crime that carries 5-10 years in prison. At the other extreme is murder which results in 30 years to life in New Jersey State Prison.

An individual sentenced for aggravated manslaughter also faces a fine of up to $200,000.

Are There Defenses to a NJ Aggravated Manslaughter Offense?

There are four (4) primary defenses that rise in the context of NJ aggravated manslaughter charges. Each defense is discussed in the headings outlined below:

1. Diminished Capacity or Insanity. A defendant can lack the required “state of mind” to commit aggravated manslaughter where they suffer from a mental disease or defect. This is often referred to as a diminished capacity or insanity defense.  A mental disease or defect, for example, a condition that causes an individual to lose self-control, may provide a defense if psychiatric/psychological experts provide an opinion that it could have effected the defendant’s ability to form the mental state necessary for commit an aggravated manslaughter (i.e. consciously disregard a probability of death).
2. Passion or provocation. Aggravated manslaughter is reduced to manslaughter, a second degree crime, where the homicide is committed in the heat of passion after reasonable provocation consistent with N.J.S.A. 2C:11-4b(2). The provocation must be so gross that it would cause a reasonable person to lose self-control and use fatal force. When this defense can be established, the defendant will not only avoid an aggravated manslaughter conviction but a NJ murder offense too.
3. Self-defense. The law allows an individual to use force in self-defense where he/she reasonably believes it is immediately necessary for protection against unlawful force by another. A person has the right to defend themself against a serious threat of unlawful force, even to use deadly force, provided that the force is proportion to what is being done to them.
4. Fundamental Element Cannot Be Established. As we discussed in section 2 of the table of contents, there are 3 elements of proof in an aggravated manslaughter case. A savvy attorney can raise reasonable doubt as to any one of these required elements and it negates a conviction under 2C:11-4a. A good example of this dynamic is where, despite evidence of recklessness, there exists reasonable doubt as to whether the conduct involved a probability of death.

Can I Obtain Bail or Pretrial Release?

Classic bail no longer exists in New Jersey. Obtaining pretrial release now involves a process where every defendant arrested on a warrant complaint is taken to the county jail. A public safety assessment (“PSA”) is thereafter prepared and this report forecasts the risk of the defendant committing another offense if he is released, as well as the risk of not appearing. The intended use of the PSA is to help the Superior Court judge presiding over the case to decide whether pretrial release should be granted and, if so, the conditions that should be put into place to ensure appearance in court and compliance with the law.

An individual charged with aggravated manslaughter will have his/her initial appearance within 48 hours of being taken into custody. Absent the state filing a motion to detain the defendant to trial, the court will usually release the defendant on conditions. If the state files a motion of this nature, however, the accused remains in custody for an additional 3 days until a detention hearing can be conduct. This hearing results in a ruling concerning whether or not the defendant will be released  prior to resolution of the charge.

Given the severity of a NJ aggravated assault offense, the risk of pretrial detention is real and should be taken extremely serious. Hiring a criminal lawyer as early as possible is your best weapon for protecting yourself against this risk.

Contact Our Highly Talented New Jersey Aggravated Manslaughter Attorneys For The Help You Need

Aggravated manslaughter is clearly an extremely serious criminal charge so selecting the right attorney to defend this type of case is exceptionally important. It should be apparent from our qualifications that you have identified a team of lawyers that is more than capable of ensuring that you have all the opportunity to avoid prison and reach a favorable case outcome. Contact Marshall Criminal Defense now to obtain a comprehensive review of the facts surrounding your arrest and to learn what we can do to help you protect your freedom and future. Attorneys are available to 24/7 to take your call so do not hesitate to call us whenever you need. We can be reached at 855-450-8310.

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