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Bellizia Law Office
395 Franklin Street
Bloomfield, NJ 07003
Tel: 973-202-6160
Fax: 973-743-2290
info@prosperlawoffice.com
Murder is the act of killing another human being with "malice aforethought". Malice aforethought is defined to be the intent to kill or to inflict bodily injury, either express or implied. If a deadly weapon is used, intent to kill will necessarily be implied by a court of law.
Are there different degrees of murder? Yes, there are varying degrees of murder.
First Degree Murder is the most serious. Most often, first degree murder is categorized as "deliberate" - that is, the defendant made a clear headed decision to kill the victim - and "premeditated" - the defendant actually thought about the killing before it occurred (the period for this can be very brief).
Some states consider killings committed in specific ways to be first degree murder. Although these vary by state, they can include killing by poison, by lying in wait, and by torture.
First Degree Felony Murder - A killing that happens during the course of the commission of a felony, even if the death is accidental, will be considered "felony murder" by most states. However, if the killing happens during certain felonies, again determined by state, it will be considered "first degree felony murder". The felonies most often included in this category are arson, robbery, burglary, rape, mayhem and kidnapping.
N.J. Stat. ยง 2C:11-3 (2006)
Criminal homicide constitutes murder when:
(1) The actor purposely causes death or serious bodily injury resulting in death; or
(2) The actor knowingly causes death or serious bodily injury resulting in death; or
(3) It is committed when the actor, acting either alone or with one or more other persons, 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, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:
(a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and
(b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and
(c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and
(d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
Murder is a crime of the first degree but a person convicted of murder shall be sentenced, except as provided in subsection c. of this section, by the court to a term of 30 years, during which the person shall not be eligible for parole, or be sentenced to 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.
If the victim was a law enforcement officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer, the person convicted of that murder shall be sentenced, except as otherwise provided in subsection c. of this section, by the court to a term of life imprisonment, during which the person shall not be eligible for parole.
A person convicted of murder and who is not sentenced to death under this section shall be sentenced to a term of life imprisonment without eligibility for parole if the murder was committed under all of the following circumstances:
(a) The victim is less than 14 years old; and
(b) The act is committed in the course of the commission, whether alone or with one or more persons, of a violation of N.J.S. 2C:14-2 or N.J.S. 2C:14-3.
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.