Our team of attorneys at Chamlin, Uliano & Walsh has a lengthy history of successfully representing clients who have been charged with serious violent crimes across Ocean and Monmouth County, in towns like Red Bank, Belmar, Tinton Falls, and Shrewsbury. If you or someone you love has been charged with manslaughter, count on our criminal defense team to employ all of our knowledge, experience, and tactical aptitude to best serve your interests. We have prepared and executed highly effective defense strategies on behalf of clients in Freehold, Toms River, and beyond in New Jersey, to ensure that their rights are protected in the court of law. Contact us at (732) 440-3950 or online for a confidential consultation to discuss your case today.
Manslaughter is the killing of an individual without malicious forethought. Unlike a murder charge, in which malice is determined, it carries legal culpability of taking someone’s life either by accident or negligence. As such, someone charged with manslaughter faces lesser legal penalties in New Jersey than someone charged with murder. That said, the penalties for manslaughter are still quite serious and can have lasting impacts on a person’s life.
NJ Rev Stat § 2C:11-4 (2013) discusses the types of manslaughter that exist. The New Jersey revised statutes note that there are two main types of manslaughter charges, voluntary manslaughter and involuntary manslaughter.
Voluntary manslaughter includes killings in which the person meant to kill or cause serious harm, but they did so in the heat of a moment that could cause a reasonable person to become mentally and emotionally altered. These voluntary manslaughter offenses are called heat of passion deaths that occur as the result of a reasonable provocation. An example of this could be killing as a means of self-defense. Another form of voluntary manslaughter is the assisting of someone in committing suicide. Though these acts are purposeful, they are considered a lesser crime than murder due to the circumstances surrounding the situations leading to the death.
In New Jersey, there is not a distinction of crimes between ‘criminal’ and ‘misdemeanor’ categories. Instead, there are degrees of chargeable offenses that are considered indictable crimes, and disorderly persons offenses for minor charges that would otherwise be considered misdemeanors. Manslaughter is one offense that carries a degree distinction, meaning it is an indictable crime otherwise known as a felony. In terms of the classification, manslaughter is generally a second degree crime, as opposed to murder, which is a first degree offense. However, aggravated manslaughter is a first degree crime, as it is presumed more extreme when the offense is characterized by an extreme indifference to the value of human life,
By law in NJ, manslaughter is understandably, a serious crime with serious penalties. Second degree manslaughter yields a penalty of between 5 and 10 years in prison and a $150,000 fine at the highest end of the sentencing range. Aggravated manslaughter, on the other hand, carries a 10 to 30-year prison sentence and a fine of up to $200,000. There is one exception to the penalties for first degree aggravated manslaughter, which applies when the offense involves eluding law enforcement. In these isolated cases, the prison sentence is 10 to 20 years, while the maximum fine is the same as other aggravated manslaughter offenses under N.J.S.A. 2C:11-4a.
When you have been charged with manslaughter, either aggravated or not, the counsel and advocacy of a distinguished criminal defense attorney can make a difference of years on your sentence and tens of thousands of dollars in fines, even getting the charges reduced to a lower degree crime in some cases. And if you were wrongfully accused and charged with manslaughter, you’ll need a highly qualified defense lawyer like those at our firm to help you prove your case. You are technically innocent until proven guilty, and you are entitled to the most vigorous defense against the state’s allegations in a court of law.
If you have been charged with first or second degree manslaughter in Spring Lake, Brick, Holmdel, Howell, Wall, Neptune, Monmouth County, or surrounding towns in New Jersey, do not hesitate to contact our criminal defense attorneys for an initial consultation to explore your case and how we can help. Chamlin, Uliano & Walsh is dedicated to preserving and protecting your rights in the face of harsh consequences and aggressive prosecution in the criminal justice system. Contact us online or call our West Long Branch office today at (732) 440-3950 or toll-free at (888) 328-9131 for a confidential consultation.