When Driving Turns Deadly: A Comprehensive Guide to Vehicular Homicide Charges in New Jersey

Blog

When Driving Turns Deadly: A Comprehensive Guide to Vehicular Homicide Charges in New Jersey

For many, the freedom of the open road is a symbol of autonomy and opportunity. However, this freedom comes with a weighty responsibility. When driving turns deadly, the consequences extend far beyond the confines of the road. In New Jersey, vehicular homicide, also known as vehicular manslaughter, is a serious offense that carries with it severe penalties. This comprehensive guide aims to elucidate the complexities of vehicular homicide charges in New Jersey, providing essential knowledge for those facing such serious accusations.

Understanding Vehicular Homicide in New Jersey

Vehicular homicide in New Jersey is defined under N.J.S.A. 2C:11-5. It occurs when a person operates a vehicle recklessly and causes the death of another individual. The term ‘recklessly’ has a specific legal connotation, often attributed to situations where the driver was aware of and consciously disregarded a substantial and unjustifiable risk.

Key Elements of the Charge

To secure a conviction for vehicular homicide, the prosecution must prove beyond a reasonable doubt that:

  • The Defendant’s Role: The defendant was driving the vehicle.
  • Conduct Assessment: The conduct was reckless.
  • Causality Link: The reckless driving directly caused the death of another.

Recklessness Explained

Recklessness in this context is more than mere carelessness or an accident. It’s when the driver demonstrates a blatant disregard for the safety of others — for instance, driving under the influence of alcohol or drugs, excessive speeding, or aggressive driving.

Comparative Negligence in Vehicular Homicide Cases

New Jersey’s comparative negligence laws might significantly impact vehicular homicide cases. This doctrine considers the possibility that the victim may have also contributed to the accident. For example, if the victim was jaywalking or driving recklessly themselves, it could affect the charges and defenses. Understanding these nuances is crucial in constructing a robust defense strategy.

The Far-Reaching Impact of Vehicular Homicide

  • On the Victim’s Family: The repercussions of vehicular homicide extend deeply into the victim’s family, inflicting emotional and financial distress. Families may pursue civil suits for wrongful death alongside the criminal charges, seeking compensation for their loss. The intersection of criminal and civil law here is complex, often requiring expert navigation.
  • Role of Technology in Vehicular Homicide Cases: Technology plays an increasingly pivotal role in vehicular homicide cases. Smartphones, GPS data, and vehicle ‘black boxes’ provide critical evidence in investigations and trials. Understanding how to interpret this data and its legal implications is essential for both the prosecution and defense.
  • Insurance Implications for Convicted Individuals: A vehicular homicide conviction carries long-term financial implications, significantly impacting insurance rates and coverage. Convicted individuals may face skyrocketing premiums or outright denial of coverage, adding another layer of consequence to their actions.

Potential Penalties and Consequences of Vehicular Homicide

  • Degrees of Offense: Vehicular homicide can be charged as a second-degree or first-degree crime in New Jersey, depending on the circumstances. A conviction for a second-degree offense can lead to 5 to 10 years in prison, while a first-degree offense can escalate the term to 10 to 20 years.
  • Financial Repercussions: Beyond prison time, individuals may face hefty fines up to $200,000 and mandatory restitution to the victim’s family, reflecting the severity of the offense.
  • Impact on Driving Privileges: Conviction often results in a prolonged suspension or permanent revocation of driving privileges, reflecting the state’s stance on preventing future tragedies.

Defense Strategies in Vehicular Homicide Cases

  • Challenging the Recklessness Aspect: A key defense strategy involves disputing the recklessness element. This might mean providing evidence that the incident was a tragic accident rather than a result of reckless behavior.
  • Proving External Factors: Defense may also argue that external factors beyond the driver’s control contributed to the accident, such as sudden mechanical failures, road conditions, or actions of another driver.
  • Questioning the Causation: Challenging the direct causation between the defendant’s actions and the death can be another avenue. If it can be shown that other unforeseeable events played a critical role, it might mitigate the charges.

Steps to Take If Charged with Vehicular Homicide

  • Contact a Criminal Defense Attorney: The first and most critical step is to consult with a knowledgeable criminal defense attorney experienced in vehicular homicide cases. Agre & St. John offers a team of attorneys who specialize in this area and can provide the guidance and defense strategy needed.
  • Preserve Your Rights: It’s crucial to understand and preserve your rights. This includes the right to remain silent and the right to legal representation. Anything you say can be used against you, so it’s advisable to speak only in the presence of your attorney.
  • Gather Evidence and Witnesses: If possible, begin collecting any evidence that may support your defense. This might include traffic camera footage, witness statements, or vehicle maintenance records.

The Role of Agre & St. John in Your Defense

At Agre & St. John, we comprehend the gravity of vehicular homicide charges and the profound impact they can have on your life. Our approach is comprehensive and compassionate, yet strategic and aggressive when necessary. We delve into the details of each case, challenging the prosecution’s claims and seeking evidence that supports your defense. Our goal is not just to represent you legally, but to guide and support you through this challenging time.

Contact Criminal Defense Attorneys at Agre & St. John Today for a Free Consultation About Your Vehicular Homicide Charge

When you’re facing the complexities of vehicular homicide charges, you need a law firm that stands apart in dedication, expertise, and compassion. Agre & St. John is not just a law firm; we are your staunch allies in the pursuit of justice. With decades of combined experience, our team of seasoned attorneys brings a depth of knowledge and a personal commitment to each case.

At Agre & St. John, we understand the weight of what you’re facing. That’s why we approach every case with a tailored strategy, designed to protect your rights and secure the best possible outcome. We pride ourselves on our meticulous attention to detail, our aggressive pursuit of your defense, and our compassionate understanding of your situation.

Don’t let a vehicular homicide charge define your future. Choose Agre & St. John, where we fight tirelessly for you. Contact us today for a free consultation and take the first step towards reclaiming your life.

Schedule Your Criminal Defense Case Evaluation

Provide the information below or call us at:

856-454-8674

100% Secure. We respect your privacy.

See here.

firm logo
handcuff icon

Criminal Defense

building icon

Federal Crimes

shield icon

DUI/DWI

gavel icon

Drug Crimes

person icon

Sex Crimes

scale icon

Weapons Offenses

Client Reviews

★★★★★
  • "The best guys for representation you could ever want!"

    "Excellent advice and direction. Knowledgeable of all options. Prepares you for every step of your case, even when you aren't aware. If you find them, stop looking and just call Chris or Bob. Their bios speak for themselves. They are so friendly and care about you and your case!!"

  • "I highly recommend Robert Agre to anyone in need of a criminal attorney"

    "Robert Agre told me what to expect each step of my case. He earned my trust with his knowledge of criminal law, ability to explain the process, and open communication. I was most impressed by his quick response time to my many questions throughout the process. I am grateful that I found him and appreciate everything he did for me. "

  • "I recommend Mr. St. John to any individual seeking counsel"

    "Mr. St. John has not only proficiently and tenaciously defended me each time it was necessary, he has gone above and beyond. With Mr. St. John, I never felt as though I was a number, a file, or merely a client. His professionalism, reputation, and rapport in the field are apparent without the need for words. I have and will continue to trust him without hesitation, despite the underlying fear brought about by criminal charges. Chris, THANK YOU for the compassion and kindness you possess, which parallel the dedication you have to individuals such as myself."

See all client reviews
firm logo

Get A 100% Free Case Evaluation From A Top-Rated Criminal Defense Attorney

Call: 856-454-8674 or Schedule Consultation

Meet your team

Robert N. Agre Christopher St. John Tess Berkowitz Shirley Genay Shirley Genay