New Jersey Vehicular Manslaughter Lawyer
Knowledgeable New Jersey Criminal Attorney Fights Death by Auto Charges in Atlantic County, Camden County, Gloucester County, and Throughout NJ
If you or someone you care about is suspected of driving recklessly and causing an accident that resulted in a fatality in South Jersey, you can be charged with death by auto or criminal vehicular homicide. A death by auto offense in NJ is a second degree charge with penalties that include serious prison time, license suspension, forfeiture of vehicle, and monetary fines. The offense can be escalated to a first degree crime with longer prison terms if certain conditions are met.
Do not waste time in retaining an experienced, aggressive New Jersey criminal defense lawyer who will immediately get to work in an effort to get your charges downgraded and your bail reduced. Jill R. Cohen is a former Camden County assistant prosecutor. As such, she has a unique understanding of how South Jersey prosecutors build their cases against people charged with death by auto. That knowledge, coupled with her more than 30 years of experience as a criminal defense lawyer, is your best chance at a positive outcome in your case. If you’ve been charged with vehicular manslaughter in Hammonton, Egg Harbor, Atlantic City, Cherry Hill, Winslow, Glassboro, or anywhere else in NJ, contact Attorney Cohen today to discuss your case.
What Is Death by Auto in New Jersey?
As NJ law states, death by auto occurs when someone is killed by an individual driving recklessly. The vehicle can be an automobile or any other motor vehicle. The victim can be the driver or passenger in another vehicle, a pedestrian, a bicycle rider or a passenger in your car.
To be convicted for Death by Auto under N.J.S.A. § 2C:11-5, the prosecution will have to prove the defendant drove in a reckless manner at the time of the incident. If the defendant drove under the influence of drugs or alcohol, or if the defendant drove while suspended for a DUI, there is a presumption that they were reckless. Additionally, there are certain behaviors that New Jersey prosecutors categorize as reckless, including:
- DUI/DWI, regardless of what substance was involved (alcohol, illegal drugs or prescription drugs)
- Falling asleep while operating the vehicle
- Operating a vehicle while sleep deprived, causing the driver to weave, swerve, etc.
There are also scenarios that can impact the severity of the offense in NJ. If a vehicular homicide happens in any of the following situations and the driver is intoxicated or is driving while suspended for DUI, it will result in a first degree charge with harsher penalties:
- Driver commits offense on school property or within 1,000 feet of school property.
- Driver commits offense driving through a school crossing.
- Driver was driving through a non-school zone but had knowledge children were present.
- Driver commits offense on property used by schools.
Cases involving drugs require special defenses which Jill Cohen frequently uses. In fact, she has been recognized by the NJ Supreme Court as a certified criminal trial lawyer. Among other things, Attorney Cohen was honored by the state’s Top Court because of her professionalism, dedication to her clients and ability to build creative defense strategies for defendants facing even the most serious of NJ criminal charges.
What Are the Consequences of a Conviction for First and Second Degree Death by Auto Charges?
Death by auto is normally a second degree charge in NJ, with an accompanying prison term of five to 10 years. Upon release from prison, the offender will also have their driver’s license suspended for a period of time, ranging from five years to a lifetime revocation. The harshest of all penalties are levied if the defendant committed the death by auto when driving while suspended or under the influence of drugs or alcohol.
If the offender is convicted of a death by auto in the first degree in New Jersey, extra penalties will be imposed. For example, first degree offenders are required to forfeit the vehicle that was used in the offense. A savvy South Jersey criminal lawyer like Ms. Cohen may be able to negotiate for a reduction in penalties, including an agreement that would allow you to keep the vehicle by trying to convince the court it would cause hardship to the violator’s family.
Death by auto is a charge that is subject to New Jersey’s No Early Release Act (NERA). The NERA requires convicted death by auto offenders to serve at least 85 percent of their sentence before becoming eligible for parole. Plea bargaining is essential in NJ criminal vehicular manslaughter cases. Ms. Cohen has relationships with the county prosecutors’ offices throughout New Jersey and she uses this to her advantage when plea bargaining.
Contact an Aggressive Criminal Attorney About Defending You Against Vehicular Manslaughter Charges in New Jersey
If you or a loved one is facing a serious criminal charge such as death by auto in Camden County, Atlantic County, Burlington County, or anywhere else in New Jersey, you need to immediately lawyer up! Pay attention to your rights; stay silent and request an attorney. Gloucester City criminal attorney Jill Cohen will meet you where you are and will get to work to prove your actions were not reckless.
Death by auto is an extremely serious charge in NJ. Anyone facing this charge should realize that there is a lot at stake, including jail time, driving privileges and exorbitant monetary fines. Get the advice you need today with an initial consultation that is no cost to you. The Camden County criminal lawyers at the Law Office of Jill R. Cohen in Haddonfield, NJ fight for the best interest of their clients, whether it be by plea deal or trial.