Death by Auto or Vehicular Homicide
The Death by Auto or Vessel statute can be found in section § 2C:11-5 within the New Jersey Statutes. 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, Reckless Manslaughter.
Murder is the most serious crime in New Jersey’s state law. 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).
Former Death by Auto Prosecutors
The Bianchi Law Group is made up of former trial prosecutors and other “of counsel” attorneys 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.
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 which 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 in criminal law, an application submission, a peer review process, a character and background check and to pass 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.
Robbery Cases in New Jersey
In New Jersey, Robbery is a very serious crime and can be punishable with up to 20 years in New Jersey State Prison. Robbery is a theft from a person, however, the theft is elevated to a robbery if, during the course of the robbery, the perpetrator:
- Inflicts bodily injury or uses force upon another; or
- Threatens another with or purposely puts him in fear of immediate bodily injury; or
- Commits or threatens immediately to commit any crime of the first or second-degree.
The Penalties for Robbery in New Jersey
Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
Crimes in the first degree can be punishable from 10 years to 20 years in New Jersey State Prison. Crimes in the second-degree can be punishable from 5 years to 10 years in New Jersey State prison.
The Sentencing Judge may also order fines and restitution as prescribed by 2C:43-3 and for all convictions for Robbery in New Jersey
2C:15-1- New Jersey’s Robbery Statute
a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:
(1) Inflicts bodily injury or uses force upon another; or
(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or
(3) Commits or threatens immediately to commit any crime of the first or second degree.
An act shall be deemed to be included in the phrase “in the course of committing a theft” if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.
A Theft is defined in 2C:20-2; A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with a purpose to deprive him thereof.
b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.
Trial Ready New Jersey Criminal Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced staff of trial attorneys and “of counsel” attorneys 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.