Lustberg Law Offices, LLC

Homicide Conviction Appeals in New Jersey

A criminal conviction can have devastating consequences for you and your loved ones. Whether you’ve been convicted of a misdemeanor or felony, it can put you in jail or prison, ruin your family relationships and make it difficult to find employment. The good news is that you have the right to appeal your conviction and sentence, either through the state court system or federal courts. A skilled homicide lawyer can conduct a thorough investigation into the circumstances of your case

With the help of a homicide lawyer, you may be able to prove your innocence in a new trial or have your sentence shortened or overturned. We can provide legal representation to people who have been convicted of disorderly persons offenses (misdemeanors) or indictable crimes such as homicide, burglary and theft. We have also helped clients get fair compensation in civil disputes.

Unless the law in your state allows for a continuance of a trial after a verdict is reached, you can only raise certain issues on appeal after your jury gives its findings. Some of these matters are interlocutory and can only be raised in specific situations. Others are a matter of constitutional law and can only be raised on appeal. For instance, the Supreme Court of New Jersey is only permitted to hear cases that have gone all the way through New Jersey’s appellate court system and where there is sharp disagreement among the judges.

When you have a knowledgeable homicide lawyer on your side, you will be more confident entering the courtroom. The prosecution must meet a very high burden of proof when charging a defendant with murder in New Jersey. Generally, the prosecution must prove that a person committed a homicide with reckless disregard for the life or safety of another. This means that a person must be aware that there was a substantial risk that death would result from their actions and that this disregard was a gross deviation from the standard of care that any reasonable person could conclude in the same circumstances.

Prosecutors must also show that a person committed a murder in the heat of passion. Passion/provocation manslaughter cases involve murders that are driven by a person’s sudden and intense rage. Typically, the prosecutor must show that an act or insulting words would have so enraged a reasonable person that they lost self-control and killed someone in the heat of passion. Therefore, it’s vital to hire a homicide lawyer in New Jersey that you can trust.

You may only have one chance to argue your case on appeal, so it is important to contact a New Jersey homicide lawyer as soon as possible. We will be able to file the necessary paperwork and start building your appeals case. 

Defending Homicide Charges in New Jersey

The death of another person can be a very traumatic event for anyone who is involved. However, when that death is a result of criminal conduct and a defendant is charged with homicide in New Jersey, the consequences can be devastating. Homicide can be charged in a number of ways and a conviction for even first degree murder could result in life imprisonment. For this reason, it is critical to consult with an experienced New Jersey homicide lawyer who has experience defending against the most serious homicide charges in the state.

The word homicide is used in the media often, but there are important legal distinctions between manslaughter and murder. The key difference is that in order to be charged with murder, the State must prove a defendant purposefully caused someone’s death or did so with malice aforethought. To be charged with manslaughter, the State must only show that a defendant caused someone’s death.

A skilled homicide lawyer can conduct a thorough investigation into the circumstances of your case. In addition to demonstrating a specific intent to kill, a prosecutor will also need to demonstrate that the accused took “substantial steps” towards the commission of the killing. These steps must be taken before the alleged victim dies in order to charge the defendant with murder rather than manslaughter. Examples of substantial steps include paying a hitman to kill a particular individual or preparing for a murder and then committing the act with the knowledge that someone’s life would be lost as a result of their actions.

Some homicides are not crimes at all, such as when an individual is killed in self-defense. However, the law is not always clear about when deadly force is justified. A skilled homicide lawyer in New Jersey may be able to successfully argue that the use of force was necessary and proportionate to the threat that was faced.

When the killing occurs during the commission of a crime such as robbery, sexual assault, burglary, arson, kidnapping, carjacking, or criminal escape, it can be charged as murder. This type of homicide is known as criminal homicide and it is considered to be the most serious of all homicide offenses in New Jersey.

An experienced New Jersey homicide lawyer is familiar with every possible defense strategy that might be successful in your case. We begin intensive research on your case immediately — even before you are formally charged — and we will leave no stone unturned in our pursuit of justice for you. To schedule an initial consultation with an experienced New Jersey criminal homicide lawyer, call us or contact our firm today. 

New Jersey Homicide Sentencing Guidelines

When a person takes another person’s life in New Jersey, they are considered to have committed homicide. This type of crime carries serious legal penalties including prison time, fines, community service, and driver’s license suspension. However, just because someone is arrested for a homicide doesn’t mean that they will be convicted or receive the maximum sentence allowed under New Jersey law. A homicide lawyer can help the accused by challenging evidence presented by the prosecution and arguing for leniency on behalf of their client.

When the state prosecutes a person for a homicide, they must prove all of the elements of the crime beyond a reasonable doubt. The state must also establish that the killing was premeditated or done with some type of evil intent. Murder, which is the most serious homicide offense under New Jersey law, can be committed in three ways: purposeful murder, knowing murder, and murder committed during the commission of certain felonies.

Manslaughter is also a serious offense in the state and can lead to substantial prison terms. Manslaughter can be committed in two ways: manslaughter of the second degree and aggravated manslaughter. The difference between these two crimes is that in the second degree, the victim must have been a relative or the closest friend of the defendant while in the case of aggravated manslaughter, the victim must have been an acquaintance of the defendant.

Defendants who are found guilty of murder or manslaughter can be sentenced to 30 years or more in prison. When the victim is a law enforcement officer, they will be imprisoned for life and never be eligible for parole. Judges look at both mitigating and aggravating factors when determining the appropriate sentence. Aggravating factors can cause a longer sentence, including the use of violence against the victim, the length of time before the crime was committed, and a history of prior convictions. Mitigating factors that may lead to a reduction in the severity of the sentence include an apology to the victim, the defendant’s genuine remorse for the crime, willingness to cooperate with law enforcement, programming efforts, and other similar activities.

The best way to defend against charges of homicide in New Jersey is by hiring an experienced homicide lawyer. A homicide lawyer will have a deep understanding of New Jersey’s sentencing guidelines and how they apply to your particular situation. This can make a huge difference in your case and may even help you avoid the death penalty or substantial jail term. Hiring a homicide lawyer is also the best way to ensure that the prosecution does not introduce any evidence or arguments that could be used to increase your penalty. This is why it’s so important to hire an experienced homicide lawyer before it’s too late. If you’re facing a homicide charge, call us to discuss your case. 

Lustberg Law Offices, LLC

Lustberg Law Offices, LLC

One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States

(201) 880-5311