Trenton NJ Aggravated Manslaughter Lawyer
Law Firm with Offices in Pennington, New Jersey
Like all homicide charges, an aggravated manslaughter conviction carries some of the most severe penalties in the New Jersey Criminal Code. If you are convicted of aggravated manslaughter in New Jersey, you could end up spending the rest of your life behind bars. You are fighting for your life right now. Moreover, homicide defense is one of the most complicated areas of the law. That’s why it is imperative that you contact an attorney as soon as possible. The sooner you speak with an attorney, the faster they can start strategizing and mounting your defense.
Kamensky Cohen & Riechelson is a law firm with more than 40 years of experience in New Jersey. Our criminal defense lawyers have successfully represented countless clients accused of homicide in Mercer County, NJ, including Hightstown, Robbinsville, and Lawrence. If you have been charged with aggravated manslaughter, call KCR now to speak with a member of our litigation team and start your defense.
N.J.S.A. 2C:11-4(a): Aggravated Manslaughter in Mercer County, NJ
Aggravated manslaughter is the most serious form of manslaughter. Generally speaking, a person commits aggravated manslaughter when they recklessly caused the death of someone else under circumstances manifesting extreme indifference to human life.
The prosecution must prove three elements beyond a reasonable doubt in order to secure a conviction for aggravated manslaughter:
- A person was killed
- The defendant caused the person to be killed
- The defendant acted recklessly under circumstances manifesting extreme indifference to human life
Courts have interpreted the last element – acting recklessly under circumstances manifesting extreme indifference to human life – to mean that the defendant’s actions created more than just a possibility of death. This means that the prosecution must prove that the defendant’s actions created a probability of causing the victim’s death.
Aggravated Manslaughter While Eluding Police in Hamilton New Jersey
A person can also be charged with aggravated manslaughter if they caused the death of another person while fleeing or attempting to elude a law enforcement officer. The prosecution must prove five elements in aggravated manslaughter cases involving death caused while eluding police:
- The defendant operated a motor vehicle
- The defendant received a signal from a law enforcement officer to pull over their vehicle
- The defendant fled the officer or attempted to elude the officer
- The defendant knowingly fled the officer
- The defendant caused the death of another person while eluding the officer
One exception to an aggravated manslaughter charge stemming from eluding is that a passenger in the motor vehicle cannot be charged with aggravated manslaughter. As a result, most aggravated manslaughter charges in these situations are brought against the driver of the vehicle.
Penalties for an Aggravated Manslaughter Conviction in Princeton
An aggravated manslaughter charge carries severe penalties because it is classified as a first degree felony. If you are convicted of aggravated manslaughter committed while eluding police, you could receive a sentence of 10–20 years in NJ State Prison.
If you are convicted of aggravated manslaughter committed under circumstances manifesting extreme indifference to human life, you could be subject to a wider sentencing range. Although first degree felonies typically carry a sentencing range of 10–20 years in NJ State Prison, this form of aggravated manslaughter is treated differently; a conviction will result in a sentence of 10–30 years in NJ State Prison.
Additionally, regardless of the form of your manslaughter charge, you could receive even harsher penalties if the court finds that certain conditions exist. As set forth by N.J.S.A. 2C:44-3, anyone convicted of a first, second, or third degree felony is subject to an extended term of imprisonment under certain circumstances.
Speak with a Hopewell NJ Aggravated Manslaughter Attorney
Kamensky Cohen & Riechelson is prepared to fight your aggravated manslaughter charges. Call us today to discuss your case with an experienced attorney, or fill out the online contact form to schedule a free consultation at our Trenton or Pennington offices.