MANSLAUGHTER—N.J.S.A. 2C:11-4
Manslaughter NJ
If you have been charged with violation of 2C:11-4, Manslaughter NJ, you are exposed, if convicted, to up to 30 years jail time, up to $200,000.00 monetary fine, criminal record. I have been practicing criminal law for 26 plus years and have successfully handled many different types of felony cases. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF CONDUCT WHICH CONSTITUTES THE OFFENSE:
You’ve been at the local tavern all afternoon and late into the night drowning your sorrows by consuming drink after drink. You are so wasted that you can hardly function. Finally, even the bartender decides he should not serve you any more and tells you its time for you to go home. You stagger out to your corvette sports car with “four on the floor” and you somehow manage to open the door, crawl into the driver’s seat and put the key in the ignition. You put it in first gear and pull out onto downtown main street. As you shift into second gear your speed reaches 52 mph. At the intersection of main and state street the light turns yellow, then red. You decide you will drive through the intersection anyway and as you enter the intersection, your vehicle collides with two (2) pedestrians who are in the crosswalk and are crossing with the light. Your vehicle then careens through the intersection and collides with a taxi cab carrying three (3) passengers. One of the pedestrians was killed instantly and one of the taxi cab passengers was also killed as a direct result of the collision. Have you just committed a serious crime?
THE ACTUAL LAW– MANSLAUGHTER NJ
a. “Criminal homicide constitutes aggravated manslaughter when the actor recklessly
causes death under circumstances manifesting extreme indifference to human life.
b. Criminal homicide constitutes manslaughter when:
(1) It is committed recklessly;
(2) A homicide which would other wise be murder under 2C:11-3 is committed
in the heat of passion resulting from a reasonable provocation; or
(3) The actor causes the death of another person while fleeing or attempting to
elude a law enforcement officer in violation of subsection b. of N.J.S.2C:
29-2. Notwithstanding the provisions of any other law to the contrary, the
actor shall be strictly liable for a violation of this paragraph upon proof of
a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of
another person.
c. Aggravated Manslaughter is a crime of the first degree and upon conviction
thereof a person may, notwithstanding the provisions of paragraph (1) of
subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment
between 10 and 30 years. Manslaughter is a crime of the second degree; however,
a person convicted under paragraph (3) of subsection b. of this section may,
notwithstanding the provisions of paragraph (2) of subsection a. of N.J.S.2C:43-6,
be sentenced to an ordinary term of imprisonment between 5 and 15 years.”
The answer the question is YES. By operating your motor vehicle at more than twice the legal limit in a downtown area with a BAC of three (3) to four (4) times the legal limit, you engaged in conduct that is classified as “recklessly causes death under circumstances manifesting extreme indifference to human life” because “…both the decision to drive and the manner of operation indicated a complete disregard for the lives of others.” State v. Bogus, 223 N.J. Super 409, 538 A.2d 1278 (App. Div. 1988).
Interestingly, what makes aggravated manslaughter (first degree crime) a more serious offense than vehicular homicide (usually second degree crime) is the type of reckless conduct the actor must have engaged in. Though both crimes may be charged simultaneously for the same event, vehicular homicide involves disregard of the obvious risk of possibility of death N.J.S.A. 2C:2-2(b), where aggravated manslaughter involves disregard of likely or probable death arising from the conduct.
Your (jail time) exposure for first degree aggravated manslaughter, if convicted, would be a minimum of ten (10) years and a maximum of thirty (30) years, presumptive fifteen (15) years. N.J.S.A. 2C:43-3(a) In addition, you would face monetary fines of up to $200,000.00, plus a criminal record and the loss of your driver’s license possibly for life.
These are extremely serious cases. Manslaughter NJ. If you have been charged with aggravated manslaughter, this is nothing to mess around with. You need to retain the services of a skilled and experienced attorney immediately to obtain a downgrade of the charges or an acquittal. Contact me for help at 732-337-7922
