New Jersey Manslaughter Laws

By Christie Nicholson, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last updated July 11, 2025

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Manslaughter is a type of criminal homicide. It is different from murder in that the person committing manslaughter does not necessarily have the intent to kill someone. They may have the intent to cause serious bodily injury, kill someone while under the heat of passion, or in response to reasonable provocation.

New Jersey law defines manslaughter as recklessly killing another person. The New Jersey Criminal Code does not require the state to prove premeditation or planning. All the state has to do is demonstrate that the defendant’s actions resulted in the death of another person or that the defendant intentionally killed someone while in the heat of passion.

This article discusses New Jersey’s manslaughter laws, including the difference between voluntary and involuntary manslaughter. It also explains the penalties and defenses to these crimes.

If you’re facing criminal charges, speaking with a skilled criminal defense attorney is an excellent idea.

Types of Manslaughter Charges in New Jersey

The most serious crime in New Jersey is murder. However, there are other types of homicide charges in the Garden State.

New Jersey law recognizes four types of manslaughter charges:

Reckless manslaughter: This occurs when the defendant’s reckless behavior causes the death of another person.
Heat of passion manslaughter: This crime falls under voluntary manslaughter because the defendant intended to kill the victim. However, they did so due to an extreme emotional disturbance or in the heat of passion. The state may also secure a manslaughter conviction if it can prove the defendant killed someone in response to what a reasonable person would deem adequate provocation.
Aggravated manslaughter: A person may be guilty of this crime if their recklessness causes the death of another person, and the state can prove the defendant demonstrated extreme indifference to the value of human life.
Aggravated manslaughter while evading the police: New Jersey law elevates manslaughter to aggravated manslaughter if the defendant kills someone while attempting to evade the police.

To secure a conviction, the state must prove the above crimes beyond a reasonable doubt. The penalties are severe, especially for aggravated manslaughter. Aggravated manslaughter is a first-degree crime in New Jersey and is punishable by 10 to 30 years in prison and a fine of up to $200,000.

Involuntary Manslaughter Versus Voluntary Manslaughter

New Jersey criminal law recognizes both voluntary and involuntary manslaughter. While these are separate crimes, the penalties for the two criminal offenses are almost the same. Both carry a prison sentence of up to ten years. However, people guilty of voluntary manslaughter may have to pay a fine of up to $200,000.

Unlike aggravated manslaughter, which is a crime of the first degree, both voluntary manslaughter and involuntary manslaughter are second-degree crimes. While voluntary manslaughter involves someone who kills another human being after provocation or in the heat of passion, involuntary manslaughter involves a defendant whose recklessness or negligence results in the victim’s death.

New Jersey’s Manslaughter Laws: Summary

The following table highlights the main provisions of New Jersey’s manslaughter laws.

New Jersey Manslaughter Code Sections	N.J.S.A. 2C:11-4 N.J.S.A 2C:11-5
Other Terms Used for Manslaughter in New Jersey	The following are all forms of manslaughter under New Jersey law: Aggravated manslaughter Reckless manslaughter Heat of passion Killing as the result of reasonable provocation Death by reckless driving of a motor vehicle or boat Death by drunk driving (DWI) accident in a motor vehicle or vessel
What Is Considered Manslaughter Under New Jersey Law?	Recklessly causing the death of another person while demonstrating an extreme indifference to human life Causing the death of another while attempting to evade the police Causing the death of another human being through recklessness or negligence Causing the death of another in the heat of passion resulting from reasonable provocation
Are Civil Cases Permitted?	Yes, civil litigation is possible with a wrongful death lawsuit and restitution to the victim’s family.
Penalties for Manslaughter Convictions in New Jersey	Aggravated Manslaughter: First-degree felony that carries a mandatory minimum prison sentence of 10 to 30 years plus a fine of up to $200,000 Reckless or Heat of Passion: Second-degree felony carrying a penalty of five to ten years in state prison and a fine of up to $150,000 All convictions trigger the No Early Release Act, which states that all defendants must serve 85% of their sentence before becoming eligible for parole.
Possible Defenses Against Manslaughter Charges in New Jersey	Justifiable homicide Self-defense Mistaken identity Actual innocence Inability to manifest intent Insanity Mental incapacity Reasonable mistake

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult your local law office or conduct further research to verify your state laws.

Facing Manslaughter Charges in New Jersey? Speak With an Attorney

Although manslaughter charges are less serious than murder charges, a person is responsible for someone’s death faces severe penalties. An experienced criminal defense attorney is a necessity when facing charges of this magnitude. A lawyer will work hard to secure an acquittal or favorable plea bargain.