What is the Difference Between Murder and Manslaughter in New Jersey?

The loss of life is never taken lightly, especially in the eyes of the law. Murder and manslaughter are both criminal offenses involving the unlawful killing of another person. While these crimes have that in common, there are many differences to consider. If you are facing criminal charges related to murder or manslaughter, understanding the difference between the two is crucial. To learn more, continue reading and consult with an experienced Bergen County violent crimes attorney for skilled representation today.

How is Murder Defined in NJ?

Murder is generally the unlawful and premeditated killing of another person. The offense is defined in New Jersey Statutes 2C:11-2 and includes the following actions.

• Purposefully causing death or serious bodily injury resulting in death
• Knowingly causing death or serious bodily injury resulting in death
• Causing death while attempting to commit, in the commission of, or while fleeing the scene of a crime such as robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, or terrorism

You can be charged with murder for knowingly and intentionally causing the death of another person or for killing a person in tandem with another felony offense.

How is Manslaughter Defined in NJ?

Manslaughter is typically defined as the crime of killing a person without malice aforethought. New Jersey Statutes 2C:11-4 outlines two types of manslaughter, standard and aggravated. Standard manslaughter involves the following.

• Recklessly committing criminal homicide
• Committing homicide in the heat of passion resulting from a reasonable provocation

Aggravated manslaughter involves the following.

• Recklessly causing death under circumstances manifesting extreme indifference to human life
• Causing the death of another person while fleeing or attempting to elude a law enforcement officer

What is the Difference Between Murder and Manslaughter in NJ?

Murder and manslaughter, while similar offenses that involve the unlawful killing of another person, are two distinct crimes and have many differences. First, in New Jersey, standard manslaughter is a second-degree indictable crime, punishable by up to 20 years in prison. Aggravated manslaughter can be charged as a first-degree crime and result in up to 30 years in prison.

Murder, however, is a more serious offense and is punishable by either up to 30 years in prison without parole or 30 years to life in prison with the possibility of parole after 30 years have been served.

The biggest distinction between the two offenses is the perpetrator’s intention. Murder requires that the offender acted with malice aforethought, meaning they deliberately planned to kill or at least cause serious bodily harm. Manslaughter is the unlawful killing of another person, but the offender did not intend to take a life, and it was not planned out ahead of time.

If you need representation in your case, do not hesitate to contact an attorney at the Law Office of Kevin T. Conway today.