Murder (N.J.S.A. 2C:11-3) 

Murder:  Under N.J.S.A. 2C:11-3, criminal homicide constitutes murder when:

• The actor purposely causes death or serious bodily injury resulting in death; or

• The actor knowingly causes death or serious bodily injury resulting in death.

 

Aggravating Circumstances:  A person convicted of murder shall be sentenced to a term of life imprisonment without eligibility for parole, and the sentence must be served in a maximum security facility, if a jury finds beyond a reasonable doubt that any of the following aggravating factors exists:

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• The defendant has previously been convicted of murder;

• While committing the murder, the actor purposely or knowingly created a grave risk of death to another person in addition to the victim;

• 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;

• The defendant committed the murder as consideration for the receipt, or in expectation of the receipt of anything of pecuniary value;

• The defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value;

• The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;

• 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;

• The defendant murdered a public servant, as defined in N.J.S. 2C:27-1, while the victim was engaged in the performance of his official duties, or because of the victim's status as a public servant;

• The defendant: (i) 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, committed, commanded or by threat or promise solicited the commission of the murder or (ii) committed the murder at the direction of a leader of a narcotics trafficking network as defined in N.J.S. 2C:35-3 in furtherance of a conspiracy enumerated in N.J.S. 2C:35-3;

• The homicidal act that the defendant committed or procured was in violation of paragraph (1) of subsection a. of N.J.S. 2C:17-2;

• The victim was less than 14 years old; or

• The murder was committed during the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism.

 

Felony Murder:  Under N.J.S.A. 2C:11-3(a)(3), a criminal homicide constitutes murder when it  is committed when the actor, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism, and in the course of such crime or of immediate flight therefrom, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:

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• Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and

• Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and

• Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and

• Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

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Sentencing Provisions for Murder: 

• 1st Degree Offense - Mandatory Minimum of 30 Years:  Under N.J.S.A. 2C:11-3(b)(1), murder is a crime of the 1st degree and is punishable by a mandatory minimum of 30 years in New Jersey State Prison, of which the person shall not be eligible for parole.  The Court may also set a sentence of a term of years between 30 years to life in prison, of which the person must serve at least 30 years before being eligible for parole.

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• *NOTE RE: JUVENILES:  A juvenile who has been tried as an adult and convicted of murder under this subsection shall be sentenced the same as an adult under this subsection.

 

• Victim is Law Enforcement Officer - Life In Prison:  Under N.J.S.A. 2C:11-3(b)(2), if the victim was a law enforcement officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer, the person convicted of that murder shall be sentenced by the court to a term of life imprisonment, during which the person shall not be eligible for parole.

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• Victim Under 18, Sexual Assault/Contact - Life In Prison:  Under N.J.S.A. 2C:11-3(b)(3), a person convicted of murder of a person who is under 18 years-old and the murder was committed during the course of the commission of a sexual assault or a criminal sexual contact, then the person must be sentenced to a term of life imprisonment without eligibility for parole.

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Contact a New Jersey

Lawyer for a Free Consultation

 

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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