Under New Jersey state law, a felony murder charge differs significantly from other murder charges. To be charged with felony murder in New Jersey, an accused individual must have been in the process of committing a crime and subsequently killed someone in the commission of, or an attempt to commit, or flight after committing or attempting to commit an enumerated crime.
In a felony murder case, it does not need to be proven that the accused individual attempted or intended to murder or harm the victim in question. Similarly, in unique cases where death, even an accidental death, has occurred in the commission of an attempt to commit, or flight after committing or attempting to commit a felony, the defendant will also be charged with felony murder.
Suppose you are a New Jersey resident who is being investigated or who has been arrested on a felony murder charge. In that case, it is crucial that you understand how a felony murder charge differs from a standard murder charge, as both carry serious consequences. Our criminal defense attorneys at The Bianchi Law Group can help and offer a free consultation to anyone facing this challenging situation.
What Felonies, Also Known as Indictable Crimes in New Jersey, Lead To A Felony Murder Charge?
The following indictable crimes can lead to a felony murder charge in New Jersey:
- Murder,
- Robbery,
- Sexual assault,
- Arson,
- Burglary,
- Kidnapping,
- Carjacking,
- Contempt in violation N.J.S. 2C:29-9b
If you are arrested under the suspicion of one of the indictable crimes above, the prosecutor must prove the crime beyond a reasonable doubt.
Additionally, the prosecutor has the burden to prove that the death occurred during the course of the crime or attempt to commit the crime or during an immediate flight from crime.
What Are The Penalties For Felony Murder In New Jersey?
Murder is a crime of the first degree. Still, a person convicted of murder shall be sentenced, except as provided in paragraphs (2), (3), and (4) of this subsection, 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.
Can You Get The Death Penalty For Felony Murder In New Jersey?
No, the state of New Jersey does not serve the death penalty for any crime. In 1965, New Jersey abolished the death penalty as a criminal penalty. Now, the most severe penalty under the state is life in prison without the possibility of parole.
How Can Our Team Of Former Prosecutors Help You With A Felony Murder Charge?
If you or someone you love has been accused of felony murder in New Jersey, you need to act fast to get the help you need. You will undoubtedly be facing severe penalties if found guilty of this charge and, without proper help, could be stuck with the highest penalties possible.
Our Criminal Defense Lawyers at the Bianchi Law Group will source and compile all necessary documentation and evidence that are relevant to your Felony Murder case. This may include evidence like security camera footage from the scene of the crime, records from medical staff, or phone records. Our team of former prosecutors may be able to use this evidence to demonstrate that you did not commit the crime or that the crime was not committed in the matter in which you are accused.
I’ve Been Accused of Felony Murder. What Do I Do Now?
It is important to know that any felony murder case in New Jersey is exceptionally serious and can result in you receiving life-changing penalties. Having the right legal team can provide you with the maximum benefits.
The Bianchi Law Group is comprised of a team of former prosecutors whose experience will provide you with a well-crafted defense. They will aggressively fight for your legal rights, not hesitate to bring your case to trial, and fight on your behalf to get you the best legal outcome possible. Having the proper legal defense in your corner can make all the difference.
Call the Bianchi Law Group today to discuss your case.