New Jersey First-Degree Murder Law

In criminal law, a homicide occurs when a person kills another human being, regardless of intent. Like other states, New Jersey recognizes different types of criminal homicide, including murder, manslaughter, and vehicular homicide. But unlike most states, New Jersey law does not recognize different degrees of murder, such as second-degree murder.

In New Jersey, the most serious type of homicide is murder. It is comparable to first-degree murder charges in other states, where the defendant purposely or knowingly causes someone's death.

A murder charge is different from a manslaughter charge, which typically involves recklessness or disregard for the risk of death.

In this article, we’ll discuss New Jersey’s "first-degree" murder laws, including the definition of this crime and its penalties. If you are facing criminal charges of any kind, contact a local criminal defense attorney as soon as you can. They can explain how state law applies to your circumstances and walk you through your options.

New Jersey’s First-Degree Murder Laws at a Glance

The following table highlights the main provisions of New Jersey's murder laws. We explain the state's approach to murder charges in more detail below.

How Does New Jersey Law Define First-Degree Murder?

New Jersey law defines murder as purposely or knowingly causing someone's death or serious bodily injury that results in death. These cases typically have elements of deliberation or premeditation.

Murder is the most serious homicide charge in New Jersey, similar to first-degree murder charges in other states. The state does classify murder as a "crime of the first degree," but it's not quite the same thing.

Here, "crime of the first degree" is a level of felony offense that dictates the potential penalties. It doesn't relate to the elements of the crime. For example, armed robbery and aggravated manslaughter are also first-degree crimes.

New Jersey's murder statute also includes the felony murder rule, explained below.

Felony Murder

States use the felony murder rule to hold people accountable for deaths that occur during the commission of other crimes. In New Jersey, a defendant can be found guilty of murder if anyone other than a participant in the crime dies as a result of the underlying violent felony.

In New Jersey, the state can pursue felony murder charges for the following crimes:

• Burglary
• Kidnapping
• Sexual Assault
• Arson
• Robbery
• Burglary
• Carjacking
• Criminal escape
• Terrorism

The prosecutor must first prove the underlying felony. For example, let's say law enforcement arrests you for a carjacking where the car’s owner died during the commission of the alleged crime.

Prosecutors would first have to prove beyond a reasonable doubt that you were guilty of the carjacking before arguing the felony murder charges. If your defense attorney can prove that you didn’t take part in the carjacking, the state must acquit you of the felony murder charges.

Affirmative Defenses to Felony Murder in New Jersey

As with any other crime, a defendant can raise an affirmative defense to the charge of felony murder. According to N.J.S.A. 2C: 11-3(a)(3), the following qualify as an affirmative defense to a felony murder case:

• Actual innocence
• Lack of use of a deadly weapon or other instrument capable of causing serious bodily injury or death
• Reasonable belief that none of the other participants had a deadly weapon or other instrument capable of causing serious bodily injury or death
• Reasonable belief that none of the other participants intended to engage in an activity that was likely to cause serious bodily injury or death

If the defendant’s attorney can prove any of these defenses, the prosecutor may reduce or dismiss the charges outright.

Penalties for Murder in New Jersey

Generally, the penalty for first-degree murder in New Jersey is 30 years to life in prison. However, if the judge determines there are aggravating circumstances, such as killing a police officer, they may increase the penalty to life imprisonment without the possibility of parole.

According to N.J.S.A. 2C: 11-3, a person found guilty of murder in New Jersey must also pay restitution to the victim’s closest living relative.

How a Criminal Defense Lawyer Can Help

Even if the state has charged you with a violent crime, you have a right to legal representation. This is why you should contact a skilled criminal defense lawyer as soon as possible after your arrest.

There are several possible defenses to first-degree murder, including:

• Self-defense
• Actual innocence
• Insanity
• Intoxication
• Heat of passion
• Provocation

For the state to secure a conviction, it must prove homicide charges beyond a reasonable doubt. Your attorney can help craft a defense strategy that shows reasonable doubt or, worst case, negotiate a favorable plea bargain.

Your chances of an acquittal or favorable plea bargain are better if you have an experienced New Jersey criminal defense attorney by your side.