Murder in New Jersey

N.J.S.A. 2C:11-3 · Assault, Homicide & Violent Offenses

What the law says

Criminal homicide constitutes murder when a person purposely or knowingly causes death or serious bodily injury resulting in death. It also constitutes murder when a person causes another person’s death during or in immediate flight from specified crimes, including robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, or terrorism.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:11-3, that means:

• The actor purposely causes death or serious bodily injury resulting in death.
• The actor knowingly causes death or serious bodily injury resulting in death.
• The actor, alone or with one or more other persons, is engaged in committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, or terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2), or is in flight after committing or attempting one of those crimes.
• In the course of the specified crime or immediate flight from it, a person causes the death of a person other than one of the participants.

How the charge is graded

• Murder is a crime of the first degree.

Penalties in the statute

• Except as provided in paragraphs (2), (3) and (4) of subsection b., a person convicted of murder shall be sentenced to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years between 30 years and life imprisonment, of which the person shall serve 30 years before being eligible for parole.
• If the victim was a law enforcement officer and was murdered while performing official duties or because of the victim’s status as a law enforcement officer, the person convicted shall be sentenced to life imprisonment, during which the person shall not be eligible for parole.
• A person convicted of murder shall be sentenced to life imprisonment without eligibility for parole if the victim is less than 18 years old and the act is committed in the course of a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3.
• A person described in subsection b.(4) shall be sentenced to life imprisonment without eligibility for parole, to be served in a maximum security prison, if a jury finds beyond a reasonable doubt that any of the aggravating factors listed in subsection b.(4)(a) through (l) exist.
• A juvenile who has been tried as an adult and convicted of murder shall be sentenced pursuant to paragraph (1) of subsection b.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• The murder provision is subject to N.J.S.2C:11-4.
• In a prosecution under subsection a.(3) in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid its commission; was not armed with a deadly weapon or an instrument, article, or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; had no reasonable ground to believe another participant was armed with such a weapon, instrument, article, or substance; and had no reasonable ground to believe another participant intended to engage in conduct likely to result in death or serious physical injury.
• The life-imprisonment-without-parole sentencing provision in subsection b.(4) applies to a person convicted under subsection a.(1) or (2) who committed the homicidal act by the person’s own conduct; an accomplice who procured the offense by payment or promise of payment of anything of pecuniary value; a leader of a narcotics trafficking network, as defined in N.J.S.2C:35-3, who in furtherance of a conspiracy enumerated in N.J.S.2C:35-3 commanded or by threat or promise solicited the offense; or, if the murder occurred during the commission of terrorism, a person who committed the crime of terrorism.
• The aggravating factors in subsection b.(4) are: (a) the defendant has been convicted, at any time, of another murder; a conviction is deemed final when sentence is imposed and may be used as an aggravating factor regardless of whether it is on appeal; (b) in committing the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim; (c) the murder was outrageously or wantonly vile, horrible, or inhuman because it involved torture, depravity of mind, or an aggravated assault to the victim; (d) the defendant committed the murder as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value; (e) the defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value; (f) the murder was committed to escape detection, apprehension, trial, punishment, or confinement for another offense committed by the defendant or another; (g) the murder was committed while the defendant was committing or attempting to commit, or fleeing after committing or attempting to commit, murder, robbery, sexual assault, arson, burglary, kidnapping, carjacking, or contempt in violation of subsection b. of N.J.S.2C:29-9; (h) the defendant murdered a public servant, as defined in N.J.S.2C:27-1, while the victim was performing official duties or because of the victim’s status as a public servant; (i) the defendant, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, committed, commanded, or by threat or promise solicited the murder, or committed it at the direction of such a leader in furtherance of such a conspiracy; (j) the homicidal act the defendant committed or procured violated paragraph (1) of subsection a. of N.J.S.2C:17-2; (k) the victim was less than 14 years old; or (l) the murder was committed during or in an attempt to commit terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2), or during flight after committing or attempting to commit terrorism.
• For purposes of this section, “homicidal act” means conduct that causes death or serious bodily injury resulting in death.
• In a sentencing proceeding conducted pursuant to this section, the display of a photograph of the victim taken before the homicide is permitted.
• Subsections c., d., e., f., g., and h. are deleted by amendment, P.L.2007, c.204.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Murder charge.

Related charges

• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →
• Stalking →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.