Representing Clients Charged with Criminal Homicide, Felony Murder, Manslaughter
In New Jersey, a Criminal Homicide Law can be either murder or manslaughter. Certified Criminal Trial Attorney Michael P. Rubas routinely handles homicides cases throughout the Superior Courts of New Jersey. For example, in February 2017 Mr. Rubas obtained an acquittal with a 2 hour not guilty verdict on Murder, Felony Murder, Attempted Murder, and Weapons charges in the matter of State of New Jersey v. T.S. in the Union County Superior Court. Mr. Rubas was also defense counsel in the nationally publicized Short Hills Murder/Carjacking trial in the matter of State of New Jersey v. B.H. in the Essex County Superior Court. Furthermore, Mr. Rubas’ ability to obtain a mistrial in the double-murder trial of State of New Jersey v. S.B. in the Hudson County Superior Court was widely publicized throughout out the State of New Jersey in both the Jersey Journal and Star Ledger.
Consequences of a Homicide, Felony Murder or Manslaughter Conviction
In New Jersey, criminal homicide constitutes Murder when the actor purposely or knowingly causes death or serious bodily injury resulting in death of another. A criminal homicide constitutes Felony Murder when the actor 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. Murder is a crime of the first degree with the actor facing a sentence term of 30 years without parole or a specific term of years which shall be between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole.
The law of New Jersey also provides that a criminal homicide may constitute Aggravated Manslaughter or Manslaughter. Criminal homicide constitutes aggravated manslaughter when the actor recklessly causes death under circumstances manifesting extreme indifference to human life or the actor causes the death of another person while fleeing or attempting to elude a law enforcement officer. In contrast, a criminal homicide constitutes manslaughter when the actor causes the death of an individually recklessly or is committed in the heat of passion resulting from a reasonable provocation. Aggravated Manslaughter is a crime of the first degree and with a sentence range of imprisonment between 10 and 30 years subject to the No Early Release Act requiring eighty-five percent of the sentenced to be served before parole. Manslaughter is a crime of the second degree with a sentence range of imprisonment between 5 to 10 years subject to the No Early Release Act.
Years of experience have taught Certified Trial Attorney Michael Rubas that every homicide case is fact sensitive and that a complete, well-planned defense is required. Rubas Law Offices explore every homicide case to identify any issues that can assist in defending and/or negotiating the best outcome for our clients.
Michael Rubas has a Monmouth County office in Manasquan and a Hudson County office in Jersey City that serves clients in the Superior Courts all throughout the State of New Jersey.