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Bellizia Law Office
395 Franklin Street
Bloomfield, NJ 07003
Tel: 973-202-6160
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Voluntary manslaughter occurs when a person intentionally kills another person after "adequate provocation"; that is, there has been action that was sufficient to incite an "ordinary person" to "sudden and intense passion" such that s/he loses self-control. It should be noted that the time between provocation and the killing should not be long enough for the passion to have cooled off.
In most states, "adequate provocation" is defined to be only situations in which there is a threat of deadly force, or in which a person finds his/her spouse in bed with another person. Verbal threats are usually not considered adequate provocation.
Involuntary manslaughter generally occurs in only two cases. The first is when someone is killed due to criminal negligence, and the second is when someone is killed during the commission of another crime, where the intent was not to cause bodily injury or death.
ยง 2C:11-4
Criminal homicide constitutes aggravated manslaughter when:
(1) The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or
(2) The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S. 2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S. 2C:29-2 which resulted in the death of another person. As used in this paragraph, "actor" shall not include a passenger in a motor vehicle.
Criminal homicide constitutes manslaughter when:
(1) It is committed recklessly; or
(2) A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.
Aggravated manslaughter is a crime of the first degree and upon conviction a person may be sentenced to an ordinary term of imprisonment between 10 and 30 years. Manslaughter is a crime of the second degree.
It takes an attorney with the confidence and experience of a former prosecutor to properly deal with authorities when it comes to defending you against criminal charges. If you have been accused or charged with such a crime, please do not hesitate to contact Mr. Bellizia immediately. Criminal matters are not problems that will go away when ignored. Early intervention in criminal matters, may achieve outstanding results, and will be instrumental to the outcome of your case.
When you call us, you will get an immediate response. Mr. Bellizia and his staff are available 24 hours a day, seven days a week, holidays and weekends included. Please do not hesitate to call us now to arrange a free consultation.