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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



NEW JERSEY MURDER AND HOMICIDE OFFENSE DEFENSE LAWYERS

NEW JERSEY MURDER AND HOMICIDE OFFENSE DEFENSE LAWYERS

The term “homicide” covers any death caused by a purposeful, knowing, reckless, or under circumstances manifesting extreme indifference to the value of human life. If the effort to kill another person is intentional, the criminal offense that results is murder. This is unquestionably one of the most serious offenses that an individual can face in New Jersey with penalties that include life behind bars. Your loved one certainly requires representation by an attorney with extensive trial experience if they want to have the greatest chance of avoiding a life of incarceration.

New Jersey Murder Charges

The murder statute is contained in section N.J.S.A. 2C:11-3 and outlines what is essentially two separate criminal charges:

  1. murder on the basis of purposeful or knowing conduct; and
  2. felony murder.
  3. Purposely or Knowingly Committing Murder In Violation of N.J.S.A. 2C:11-2a

Subsections (a)(1) and (a)(2) of 2C:11-3 cover murders where the actor either purposely or knowingly causes the death or they inflict serious bodily injury to another person and the resulting injuries result in their death. Three (3) distinct elements of proof are necessary to convict a defendant for murder.

  1. a death must have occurred
  2. death or serious injuries that lead to death must have been caused by the accused and
  3. the defendant’s actions must have been purposely or knowingly.

Murder was committed purposely if the accused had the conscious object to cause death or serious bodily injury. The commission of murder is “knowing” when the defendant is aware that death or serious bodily injury is practical certain from their conduct.

  1. Felony Murder (Murder Committed During the Course of Certain Major Crimes) Under N.J.S.A. 2C:11-2b(2),(3) or (4)

The second way murder can be committed is by causing the death of another person during the course of committing or fleeing from one of the crimes set forth in subsection (a)(3) of N.J.S.A. 2C:11-3. The crimes that trigger exposure to a felony murder charge include

  • robbery,
  • sexual assault,
  • arson,
  • burglary,
  • kidnapping,
  • carjacking,
  • criminal escape, or

It is critical that you keep in mind that felony murder does not apply to conspiracy to commit one of these offenses but only to those who actively participate in the commission of the crime. To prove a charge of felony murder, the state must first demonstrate that the defendant committed a predicate offense such as robbery. Second, the defendant must have caused the death or serious injuries leading to death during the course of committing or immediate flight from commission of the offense.

Prison Sentences for Murder in New Jersey

The baseline or minimum sentence that someone can receive if convicted of the first-degree crime of murder is thirty (30) years without the possibility of parole (that is, a sentence of 30 years with no possibility of parole or sentenced for up to life imprisonment with 30 years of parole ineligibility).

The term of imprisonment is gets raised to life without the possibility of parole if the victim was a police officer and was murdered during the performance of his/her normal duties or if the victim was under eighteen (18) years old and the defendant committed the murder after subjecting the victim to aggravated sexual assault, sexual assault or aggravated criminal sexual contact. The court must also impose life without parole if the homicide was committed for hire (as in a hit, involving payment of money), ordered by the leader of a drug trafficking network or the murder was committed during the course of an act of terrorism, and a jury finds that one of the following applies:

  • The defendant has a previous conviction for murder;
  • The defendant gave rise to a grave risk of death to another person (in addition to the victim);
  • The defendant’s behavior was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim;
  • The defendant committed the crime in exchange for money or procured the murder by paying money;
  • The murder happened for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;
  • The murder happened while the defendant was engaged in the commission of, or an attempt to commit, or flight after the commission of or attempt to commit murder, robbery, sexual assault, arson, burglary, kidnapping, terrorism, or carjacking;
  • The accused murdered a public servant engaged in the performance of his official duties;
  • The accused was the leader of a narcotics trafficking network and committed, commanded or by threat or promise solicited the commission of the murder; or
  • The homicidal act that the defendant committed or procured happened in violation of paragraph (1) of subsection a. of N.J.S.2C:17-2; or
  • The victim was younger than 14 years old.

Juvenile Waived Up to Adult Court for Murder in New Jersey

If the defendant to a murder charge is a juvenile who was waived up to adult court, he or she is subject to a 30-year sentence without the opportunity for parole except for where:

  1. the murder victim is a police officer; or
  2. the victim is younger than 14 years old and was murdered after being raped or otherwise sexually molested by the accused.

The juvenile gets sentenced to life without parole if either of these circumstances applies.

Manslaughter versus Murder in New Jersey Law

Intent is a prerequisite to committing murder so any evidence that can negate this element, for example, intoxication, mental defect, or reasonable belief that self-defense was a necessity, can prove product in reducing a murder charge to manslaughter. You should also be aware that voluntary manslaughter can also come into play where a person has a purpose to kill but is motivated by a sudden passion stemming from a provocation that would cause any reasonable person to lose control.

Pretrial Detention

The presumption of pretrial release shifts to the defendant for a murder charge. What this means is that a defendant charged with murder in New Jersey will need to present a compelling case in order to have the benefit of bail or release on pretrial supervision/monitoring.

What is Criminal Homicide in New Jersey?

As mentioned, Criminal Homicide has happened when an individual purposely, knowingly or recklessly causes the death of another human being. Accordingly, Criminal Homicide occurs in one of these the three (3) following crimes:

  1. Murder
  2. Manslaughter
  3. Death by Auto

Death by Auto and Criminal Homicide in the State of New Jersey

When prosecuting Death by Auto, under Criminal Homicide, the State will need to demonstrate that the defendant was operating the car or vessel recklessly. A defendant behaves recklessly when he or she consciously disregards a substantial and unjustifiable risk that death by auto will result from his or her behavior. Intoxication will not suffice as a defense to this charge, as drunk driving is evidence in itself that the defendant operated the vehicle recklessly.

New Jersey Criminal Lawyers

Spodek Law Group is an experienced New Jersey Criminal Defense Firm. We have the experience and skills you need to represent those accused of serious offenses like murder. For a free initial consultation, please contact our offices right away.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

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Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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