New Jersey Death By Auto or Vehicular Homicide Attorneys
Dedicated Advocacy Against Serious Criminal Charges
No one leaves the house in the morning expecting to be charged with a criminal offense in New Jersey before their day is over. Unfortunately, this is an all too common reality for tens of thousands of people in The Garden State every year. Of course, most of these crimes are minor in nature — but this certainly isn’t the case for those charged with vehicular homicide (death by auto). When accused of causing a death due to reckless driving, the stakes can’t get any higher. You need a trusted legal professional on your side, and a New Jersey vehicular homicide lawyer may be able to help.
At The Bianchi Law Group, we understand that going up against New Jersey law on your own can be a scary endeavor. Vehicular homicide is an indictable offense in our state, and this means those convicted can face years in prison. In fact, it’s not outside the realm of possibility that someone convicted of vehicular homicide at age 40 might not see freedom again until they’re 60 years old. It’s terrifying to think that a single moment of distracted driving or other mistake could upend a person’s life forever, but that’s how the law works in our state.
Fortunately, you don’t have to face this challenge alone. Contact us today for a free consultation.
What Is Vehicular Homicide and Its Penalties?
The Death by Auto or Vessel statute can be found at N.J.S.A. 2C:11-5. Death by Auto is a criminal homicide and is committed when a person causes the death of another person by driving a vehicle or vessel recklessly. A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.
Death by Auto is related and should be considered with the crimes of Murder, Aggravated Manslaughter, and Reckless Manslaughter. Murder is the most serious crime in New Jersey. Manslaughter and Aggravated Manslaughter are similar crimes where a person is killed but the defendant did not possess the requisite mental state that Murder requires (knowingly or purposely). There are clear distinctions, but the repercussions can be similar.
For instance, both a manslaughter and vehicular homicide charge can result in up to a 10-year prison sentence when charged with a second-degree crime. When charged with vehicular homicide as a first-degree felony, penalties can increase to up to 20 years of incarceration. Whether you’re charged with vehicular manslaughter, homicide, or any similar crime, you’re up against penalties that can lead to serious hardship. Our New Jersey vehicular homicide lawyers are here to help. Contact us today.
Why Hire Former Death by Auto Prosecutors?
The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including Death by Auto and Vehicular Homicide. By having former prosecutors handle your case, you have an advantage that many other defendants don’t have. Put simply, your criminal defense attorney has been on both sides of the aisle.
This can be incredibly beneficial for your vehicular homicide case. Former prosecutors who have taken defendants to trial understand the tactics utilized by the state and federal governments. Since they understand these strategies, they’re typically better equipped to combat them. Just because you were involved in a fatal accident doesn’t mean your life as you know it has to end. With experienced legal representation on your side, it’s possible to overcome the challenges ahead of you.
Certified Criminal Trial Attorneys by the New Jersey Supreme Court
Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.
Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys, but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. This distinction may not seem important, but an experienced criminal defense attorney who’s certified as a trial lawyer offers distinct advantages over other law firms.
It all comes down to trust and experience, and with this certification, you can rest comfortably knowing that The Bianchi Law Group offers both. Contact us today for your free initial consultation.
What’s the Best Legal Defense Strategy for Vehicular Homicide Charges?
There are many potential legal defense strategies that a person could use to avoid a conviction for vehicular homicide. Considering the minimum term for a conviction is five years — with a potential for up to 20 years in prison — a solid defense strategy is crucial. The appropriate tactics will depend upon the unique circumstances of the crime. For instance, fighting reckless driving claims related to drunk driving would be very different than trying to disprove claims of texting while driving. Here are just a few of the most common legal defenses that work in these situations:
- Vehicular malfunctions
- Lack of proximate cause
- No reckless conduct occurred
- Weather or road conditions
- Medical emergency
- Constitutional violations
- Procedural errors
- Expiration of statute of limitations
- Faulty chain of custody
- Improperly calibrated breathalyzer
- Contaminated blood samples
- Crime of necessity
Criminal defense attorneys regularly use these defenses to have charges dropped, reduced, or thrown out at trial. However, it’s important to remember that none of these strategies are “one size fits all.” Your defense needs to be customized to your case based on the individual circumstances of what happened. The best way to do this is by seeking the help of vehicular homicide lawyers in New Jersey. An experienced attorney can explain all your legal options, discuss your chances at trial, and help you build an effective defense going forward.
At The Bianchi Law Group, our criminal defense attorneys regularly represent clients charged with vehicular homicide and other serious offenses. This means we have the experience and dedication to fight for you. Contact us today.
Contact Our Trial Ready New Jersey Vehicular Homicide Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.
We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. We will not hesitate to go to trial when the prosecution refuses to do what’s right. Any sentence imposed for vehicular homicide in New Jersey can cause massive disruption to a person’s life — taking them away from that life and leaving others to go on without them. Whether you’re charged with a second-degree or first-degree crime, our dedicated team of New Jersey vehicular homicide lawyers is here to help.
Contact us at (862) 292-4442 to schedule your free consultation today.