When an individual commits a homicide purposely or knowingly, this is what is referred to as murder. New Jersey Criminal Code establishes the offense of murder at N.J.S. 2C:11-3. Murder is probably the most serious violation set forth under law and can result in a prison sentence for life. If you loved one has been charged with murder, you need answers. Can the case be won and how? Is there a possibility of bail? And even if the accused is guilty, can you save him/her significant time off their sentence? Our attorneys can answer all of these questions and discuss exactly how we would go about effectively defending the murder charge so that the very best outcome can be secured. Call our Newark NJ Murder Charge Attorneys at 973-710-1520 for an immediate free consultation. The Law Offices of Marshall, Bonus, Proetta & Oliver have over 100 years of combined experience on staff, including years of prior prosecuting experience. If you have been charged with vehicular homicide, death by auto, aggravated assault, aggravated manslaughter or manslaughter in towns like Newark, East Orange, Bloomfield, Fairfield, Belleville or South Orange, we can help. Insure that you and/or your loved one is protected by calling us.
Essex County NJ Murder Defense Attorneys
What Does The State Have To Show To Prove A Charge of Murder?
There are three (3) elements that must to established beyond reasonable doubt in order for someone to be found guilty of murder. First, someone must have died. Second, the defendant must have caused the death. Third, the death must have been purposeful or knowing.
When is a murder knowing or purposeful?
What separates murder from other forms of homicide is the intent to kill. The accused must possess the conscious object to cause the death or serious bodily injury of the victim or the offense is something other than murder. There must be an awareness that death or serious bodily injury was a practical certainty. This element can often be inferred from the nature of the defendant’s conduct, for example, where he/she fires a handgun or other weapon at the victim.
Does The Prosecutor Have To Prove Motive?
Unlike what you often see on TV, there is no requirement that motive exist in order to prove a murder charge. An important consideration in this regard is, however, that motive is certainly helpful in establishing purpose to kill.
Is Intoxication or Mental Incapacity A Defense to Murder?
Voluntary intoxication and mental incapacity are defenses if they negate any of the three (3) elements of murder previously set forth.
What Is The Jail Sentence for Murder?
N.J.S. 2C:11-3 provides that an individual convicted of murder is to serve a mandatory minimum term of thirty (30) years in state prison. It is important to keep in mind that this is the period of parole ineligibility that must attach to a murder conviction and not the actual term of imprisonment. The actual sentence is to be between thirty (30) years and life, with the former being the absolute minimum period that is actually served in jail.
Montclair NJ Murder Defense Attorney
Our Newark NJ Law Firm has experience handling murder cases, something which we believe is absolutely necessary to effectively defend these complex cases. We are a team of former prosecutors and other highly experienced defense attorneys to help you fight a homicide offense in Essex County or elsewhere in NJ. Call us now for the guidance you deserve.