In New Jersey one of the most serious crimes you can be charged with is murder. Any allegation of murder is serious and the consequences of being convicted may result in severe penalties, including life in prison.
If you or someone you love is facing a murder charge in Mays Landing, it is crucial that you contact and retain an experienced and aggressive criminal defense attorney. Your rights and freedom are on the line, and you do not want to talk to the police before you have the chance to speak to an attorney. Murder and manslaughter charges can change your life forever. Don’t wait another day to take legal action. To schedule a free, completely private legal consultation, call the Law Offices of John J. Zarych right away at (609) 616-4956. Our phone lines are always open. Se habla español.
What are Murder Charges in Mays Landing?
Murder is a crime of the first degree and can be charged anytime a person is killed and the actor purposefully causes death or serious bodily injury that results in death, or the accused knowingly causes death. New Jersey also has provisions built into their statute which is known as felony murder. While in every case of murder the state must prove that the accused had the intent to kill when they committed the crime, however, if a death occurs during the commission of an associated felony crime, the state does need to prove that the accused had the intention of killing. The state uses the felony murder rule all participants of a crime can be charged with murder if during the commission of any one of the following criminal acts another person is killed.
- Robbery,
- Sexual assault,
- Arson,
- Burglary,
- Kidnapping,
- Carjacking,
- Criminal escape,
- Terrorism
However, while these charges are severe, if you have an experienced criminal defense attorney at your side who can prove that you are innocent of the underlying crime, then you cannot be found guilty of murder. While the death penalty was abolished in New Jersey in 2007, and therefore is no longer a possible punishment.
Murder Penalties in Mays Landing
In New Jersey, there are no such things as felonies and misdemeanors but rather indictable crimes, disorderly person offenses, and petty disorderly person offenses. Out of all of these classifications of criminal activity being charged with an indictable offense is the most serious. An indictable offense, such as murder, is equivalent to a felony in other states. Murder is considered a first-degree crime in New Jersey along with manslaughter and rape. The court can impose a basic prison sentence between 10 and 20 years for certain first-degree crimes. However, in the case of murder, the court can impose a sentence between 30 years and life. The court can also fine the person convicted of a first-degree crime up to $200,000. While this may be severe, the judge may also sentence a person to Life without Parole when
Currently, the maximum penalty for a New Jersey Murder is Life without Parole. In order for the Sentencing Judge to sentence a defendant to life without parole, the Grand Jury and a Petit Jury must find, beyond a reasonable doubt, an aggravating factor enumerated in the New Jersey Code at 2C:11-3(b)(4) and one of the following circumstances:
- That defendant killed the person by their own conduct, OR
- The Defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value, OR
- The Defendant, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, commanded or by threat or promise solicited the commission of the murder, OR
- The Defendant committed a crime of terrorism and the murder occurred during the commission that terrorism.
In addition, the following aggravating factors will be considered to support a sentence for life without parole if any of the following aggravating factors exist:
(a)The defendant has been convicted, at any time, of another murder. For purposes of this section, a conviction shall be deemed final when sentence is imposed and may be used as an aggravating factor regardless of whether it is on appeal;
(b)In the commission of the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim;
(c)The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim;
(d)The defendant committed the murder as consideration for the receipt or in expectation of the receipt of anything of pecuniary value;
(e)The defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value;
(f)The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;
(g)The murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, robbery, sexual assault, arson, burglary, kidnapping, carjacking or the crime of contempt in violation of subsection b. of N.J.S.2C:29-9;
Contact a Mays Landing Murder Defense Attorney
Even if there are no aggravating factors the New Jersey criminal code and sentence the defendant to a term of 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole. With your life hanging in the balance, it is essential to find exceptional legal representation. For a free and private consultation, call us at (609) 616-4956 any time of day or night, 24 hours a day, seven days a week.
