Attorney Clifford E. Lazzaro of Clifford E. Lazzaro, P.C. routinely handles homicides cases throughout the Superior Courts of New Jersey and provides rigorous and high-quality representation to his clients. Mr. Lazzaro has an adept knowledge of the elements of a case that must be proven to prosecute a defendant of murder, and therefore understands the potential defenses to assert to disprove these elements. A defense can be so convincing that it leads to a defendant’s sentence being reduced or downgraded. A solid defense strategy can even lead to the dismissal of your case altogether. For example, in the matter of State of New Jersey v. P.W. in the Union County Superior Court, Mr. Lazzaro filed a successful motion to dismiss the indictment against his client charging him with 2 counts of first-degree attempted murder and numerous weapons offenses. In that motion, Mr. Lazzaro argued for dismissal of the case on the basis that the out-of-court identification of his client was impermissibly suggestive. That motion led to the State dismissing the indictment in May 2022.
In New Jersey, Criminal Homicide can be either murder or manslaughter. What differentiates the two is the intent of the offender. Murder is the relevant criminal charge when the accused purposely or knowingly causes the death of another. Conversely, manslaughter applies where someone is killed as a result of reckless conduct
Murder
Murder is one of the most serious crimes a person can be charged within New Jersey. Murder is a form of criminal homicide. What distinguishes murder from other types of homicide, such as manslaughter, is intent.
In order to be found guilty of murder, the prosecution has the burden of proving that the defendant planned or intended to kill. Murder falls into three categories.
Manslaughter
In order to be found guilty of manslaughter, the prosecution has the burden of proving that the defendant showed a conscious disregard of a substantial and unjustifiable risk of death or serious injury. In addition, the risk must be of such a degree that, considering the nature and purpose of the conduct and the circumstances known to the accused, its disregard involved a gross deviation from the standard of conduct that a reasonable person would observe in the defendant’s situation.
Voluntary Manslaughter
This violent crime is best known as a “heat of passion” killing. Voluntary manslaughter takes into consideration two important concepts:
The law says that you would have to show or prove that there was “adequate provocation” & that you did not really have time to think about what you were doing.
Involuntary Manslaughter
Involuntary manslaughter is another violent crime. The government will charge you with this crime even if you did not intend to cause anyone’s death.
These charges involve situations where you acted with “extreme indifference to human life”. To act with extreme indifference to human life means that you had absolutely no consideration for how your actions could injure another person. Eluding cases serve as the perfect example.
Vehicular Homicide Or Death By Auto
This is a situation where you committed a homicide caused by the reckless operation of your car (or boat).For example, if you killed someone while driving drunk, you will be charged with this crime.
If you have been charged, it’s imperative you retain a knowledgeable criminal defense attorney immediately. The stakes are too high to put your future in just anybody’s hands. Contact Clifford E. Lazzaro, P.C. at 732-866-1600 today for legal representation you can trust.
A homicide investigation can involve the collection and analysis of various types of evidence, including scientific data and witness statements. Because jurors tend to put substantial faith in the reliability and conclusiveness of science, forensic evidence is one of the most powerful tools in a homicide case. Clifford E. Lazzaro conducts meticulous reviews of evidence such as autopsy records, blood splatter and gunpowder analyses, firearm tests, DNA reports and other hard scientific documents. He can match the state’s experts with highly educated, knowledgeable forensic scientists to call upon. Likewise, Mr. Lazzaro understands how witnesses can engage in deception or commit honest mistakes, especially when they’re feeling the pressure from powerful government authorities. By conducting an exhaustive investigation of the witnesses, the State’s discovery and relevant facts, and using his trial experience, he can skillfully attack the prosecutor’s claims.
The following defenses could possibly be asserted in your case if applicable:
You were defending yourself. Claims of self-defense are common to defend murder charges. Self-defense essentially acknowledges that the defendant did do what they’ve been accused of, however, they were justified using deadly force to combat against another person’s imminent use of force. The elements of imminent harm and whether an appropriate amount of force was used will be assessed by the jury to determine if this defense is permissible.
The prosecution has mistaken your identity. In murder cases and other homicide crimes, attorneys often utilize the defense of mistaken identity. The use of this defense implies that the prosecution has charged the wrong person with murder. In these cases, an alibi is usually asserted to support this defense.
This was an accidental killing. If it is proven that a killing happened on accident, then it technically doesn’t constitute murder. If this is the case and this defense is utilized effectively, a charge may be downgraded to voluntary or involuntary manslaughter.
If you or a loved one is the subject of a homicide charge, it is imperative to make sure you speak to an experienced criminal defense attorney. At Clifford E. Lazzaro P.C., our New Jersey homicide lawyer, Clifford E. Lazzaro, has over 30 years of experience aggressively fighting for the rights of his clients. If you or your family member was charged with a homicide offense, he is ready to help. If you would like an initial consultation with a criminal defense lawyer at Clifford E. Lazzaro, P.C. please call 732-866-1600.