HACKENSACK, NJ - Individuals charged with homicide in New Jersey face some of the most severe penalties in the criminal justice system, with sentences ranging from five years in state prison to life without parole depending on the specific offense. Hackensack homicide defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/what-to-expect-when-youre-charged-with-homicide-in-nj/) is providing an in-depth overview of how homicide cases are classified, prosecuted, and defended under New Jersey law.
According to Hackensack homicide defense attorney Adam M. Lustberg, New Jersey law treats homicide as an umbrella term encompassing several distinct offenses, each defined by the mental state of the accused and the circumstances surrounding the death. Murder under N.J.S.A. 2C:11-3 requires proof that the defendant purposely or knowingly caused death and carries a sentence of 30 years to life in state prison. "The charge an individual faces depends entirely on what the prosecution believes it can prove about that person's mental state and the specific circumstances of the incident," explains Lustberg.
Hackensack homicide defense attorney Adam M. Lustberg notes that manslaughter and vehicular homicide carry significantly different penalties than murder. Aggravated manslaughter, classified as a first-degree crime under N.J.S.A. 2C:11-4, involves reckless conduct showing extreme indifference to human life and is punishable by 10 to 30 years in state prison. Standard manslaughter is a second-degree offense carrying five to 10 years, while vehicular homicide under N.J.S.A. 2C:11-5 applies when a death results from reckless operation of a motor vehicle or vessel.
Attorney Lustberg emphasizes that the legal process following a homicide charge moves through several critical stages, beginning with investigation and arrest. Once the Bergen County Prosecutor's Office determines sufficient evidence exists, a complaint is filed and the accused is brought before a judge at the Bergen County Justice Center in Hackensack for arraignment. "Each stage of this process presents opportunities to challenge the prosecution's case, from the legality of the initial investigation through the presentation of evidence at trial," Lustberg notes.
The pre-trial phase represents one of the most consequential periods in a homicide case. During discovery, the defense gains access to police reports, witness statements, forensic lab results, and surveillance footage. If law enforcement obtained evidence through an unlawful search or failed to provide proper Miranda warnings, the defense may file motions to suppress that evidence. Rulings on pre-trial motions can lead to reduced charges or even dismissal in some cases.
Lustberg Law Offices, LLC handles homicide cases at every stage of the proceedings, including grand jury presentations, pre-indictment conferences, and plea negotiations. Under New Jersey law, a homicide case must proceed through a grand jury before reaching trial. The grand jury reviews evidence presented by the prosecution and determines whether probable cause exists to support an indictment. If the case advances to trial, the prosecution bears the burden of proving every element of the offense beyond a reasonable doubt.
"A plea agreement is not necessarily an admission of weakness — in some cases, it may be the most strategic decision based on the available evidence and the potential consequences of going to trial," advises Attorney Lustberg. In homicide cases, a negotiated plea may mean the difference between a murder charge carrying 30 years to life and a manslaughter charge with a sentence of five to 10 years.
New Jersey's No Early Release Act (NERA) under N.J.S.A. 2C:43-7.2 requires that individuals convicted of murder, aggravated manslaughter, manslaughter, and vehicular homicide serve 85 percent of their sentence before becoming eligible for parole. Life without parole may be imposed in specific circumstances described in N.J.S.A. 2C:11-3, including cases involving the death of a law enforcement officer in the line of duty. "Individuals facing these charges need to understand the full scope of what is at stake, including mandatory minimum sentences and parole ineligibility periods that apply upon conviction," Lustberg adds.
For those facing homicide charges in Bergen County or elsewhere in New Jersey, exercising the right to remain silent and securing experienced legal counsel at the earliest possible stage may help protect constitutional rights and strengthen the defense. Contacting a homicide defense attorney promptly can make a meaningful difference in how the case moves forward.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based law firm dedicated exclusively to criminal defense representation. Led by attorney Adam M. Lustberg, the firm handles cases involving murder, manslaughter, aggravated assault, and other serious criminal offenses throughout Bergen County, Essex County, Passaic County, and Hudson County. The office is located at One University Plaza Drive, Suite 212, in Hackensack. For consultations, call (201) 880-5311.
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Email: alustberg@lustberglaw.com
Website: https://www.lustberglaw.com/
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Company Name: Lustberg Law Offices, LLC
Contact Person: Adam M. Lustberg
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Phone: (201) 880-5311
Address:1 University Plaza Dr #212
City: Hackensack
State: New Jersey 07601
Country: United States
Website: https://www.lustberglaw.com/
