New York Homicide Lawyer
New York and New Jersey Homicide Defense Lawyer
Even in states like New Jersey and New York that have no death penalty to speak of, First Degree Murder remains as one of the most serious offenses that one can be convicted of, with penalties ranging from 20 or 30 years to life up to life imprisonment without the possibility of parole. And although rarely carried out, the death penalty still exists for murder (and other crimes) in the federal system. A person can also be charged with murder but convicted instead of a lesser included offense such as manslaughter, which also carries the possibility of an extremely lengthy prison sentence. The advice and representation of an experienced and successful New York homicide lawyer is essential after any homicide arrest.
At the Law Office of Linda Kenney Baden, we represent clients throughout New York and New Jersey who have been accused of the most serious crimes, including murder, manslaughter and other homicide offenses. We provide strong, effective defense for our clients, including those accused in some of the most high-profile cases in recent history.
Homicide in New York and New Jersey
Murder charges can be brought in New Jersey in the case of a death which was either “purposeful” or “knowing.” “Purposeful” means that the accused intended to cause death or serious bodily injury, while “knowing” means that the accused knew that death or serious bodily injury would almost certainly result. These definitions represent a departure from other more traditional definitions of murder, which actually require the prosecution to prove the intent to kill with premeditation or “malice aforethought.”
New Jersey also recognizes the “felony murder rule,” meaning that a person can be charged with murder for any death which occurs during the commission of a felony, the attempt to commit a felony, or during flight to avoid arrest for a felony. Again, the intent to kill is not an element required to convict someone of murder under this rule.
Other homicide offenses in New Jersey include Manslaughter where a death was caused by “reckless” behavior or occurred “in the heat of passion resulting from a reasonable provocation.” A person can also be charged with manslaughter for causing a death while attempting to avoid arrest (the so-called “misdemeanor manslaughter rule”).
New York includes similar criminal homicide laws including murder and vehicular manslaughter as well as criminally negligent homicide, where a person failed to perceive a substantial and unjustifiable risk that death could occur.
Defenses are Available for Homicide Offenses
If you are charged with murder or some other criminal homicide offense, remember that you have a right to a fair trial and to put forward a defense on your behalf. Defenses available in homicide cases include self-defense, accident, mistake, or lack of a required element of the crime, such as showing that a death was neither “knowing” or “purposeful” in a New Jersey murder prosecution. It is also possible to avoid being convicted of murder but instead be convicted of a lesser included offense such as manslaughter. At the Law Office of Linda Kenney Baden, we bring years of experience handling homicide cases to bear on your defense, analyzing the strengths and weaknesses of the prosecution’s case and advising you on your best options. Rest assured that we will present the best and strongest defense available should you choose to take your case to trial.
Experts in Forensic Issues, High-Profile Cases
Homicide cases often hinge on forensic evidence. Our office has been extremely successful in cases involving forensic issues, including exposing lab errors that raise a reasonable doubt as to the reliability of the prosecution’s evidence. We have also handled a great number of high-profile cases – including murder cases involving well-known public figures – so we are sensitive to the special needs of clients from before the arrest and all the way through trial.
Call Linda Kenney Baden if Facing Homicide Charges in New Jersey or New York
With so much at stake in a homicide prosecution, you cannot afford to take chances with anything less than the best legal representation available. In New York and New Jersey, call the Law Office of Linda Kenney Baden at 732-219-7770 to speak with an experienced and successful criminal defense attorney.
