New Jersey Vehicular Homicide Lawyers
Vehicular homicide is an indictable offense in New Jersey
At Aiello, Harris, Marth, Tunnero & Schiffman, P.C. our criminal defense attorneys regularly represent clients charged with vehicular homicide, vehicular assault, vehicular manslaughter, manslaughter, DUI, hit and run accidents and other vehicular crimes where driving a vehicle or vessel resulted in the death or injury to another motorist, or a passenger in a vehicle, a pedestrian. Vehicular homicide is an indictable offense in New Jersey. When you hire Aiello, Harris, Marth, Tunnero & Schiffman, P.C. you are hiring a team of seasoned professionals with experience in every aspect of the intersection of criminal and traffic laws.
The criminal defense attorneys at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. will carefully investigate the circumstances surrounding your vehicular homicide case and advocate with prosecutors or the court to reduce charges in appropriate cases. Our attorneys Aiello, Harris, Marth, Tunnero & Schiffman, P.C. are skilled at using expert witnesses and have frequently used evidence from expert testimony in areas such as pharmacology, medicine, accident reconstruction, chemical testing, psychological probing and field sobriety testing to assist in our client’s defense. By carefully examining the prosecution’s evidence, working with you to build your best defense, our attorneys challenge prosecution inconsistencies to win a dismissal.
If an outright dismissal of the charges is not possible, our attorneys present options to the court, such as house arrest, defensive driving courses, drug and alcohol counseling or probation, to avoid incarceration. Aiello, Harris, Marth, Tunnero & Schiffman, P.C. attorneys know that every case is different, just as every person is different. Our goal is always to have the criminal justice system see you as a person, not a number and not just by the conduct committed in one instance.
Charges for Accidents that Result in Vehicular Homicide In New Jersey
The crime of vehicular homicide is an offense of the second degree and can result in incarceration of between 5 to 10 years in jail. Common situations that give rise to vehicular homicide is when a defendant falls asleep while driving, or driving without having slept in the past 24 hours or driving while intoxicated or under the influence of drugs. Based on the circumstances other penalties may be imposed on the defendant. For example, if he was operating the auto while drunk or on drugs or driving while suspended the defendant will be sentenced to a minimum term of imprisonment fixed between one-third and one-half of the sentence imposed by the court or three years, whichever is greater, and during this time the defendant will not be eligible for parole. Furthermore, if the defendant was intoxicated at the time of the incident they will lose their license for between five years to life which will commence upon completion of any prison sentence.
The crime gets enhanced to a first degree felony if the fatal accident occurred while the defendant was driving while drunk through a school crossing or within one thousand feet of school property. Added to this, the individual will be required to forfeit the vehicle used in the commission of the crime. It is also important to note that a charge of vehicular homicide does not preclude the court from charging an individual with aggravated manslaughter. In this case, a separate sentence shall be imposed upon each such conviction and those sentences will run consecutively. In case, the defendant leaves the scene of the fatal accident then he will be charged with a crime of second degree in addition to the vehicular homicide charge. It is not a defense that individual did not know that death resulted from the accident nor that the accident was not the defendant’s fault.
Persons convicted of vehicular homicide can eventually become eligible to have their criminal records expunged. Vehicular homicide convictions are the only form of homicide convictions that can ever be expunged under present New Jersey expungement law.
Contact our New Jersey vehicular homicide lawyers today
Vehicular homicide cases can be difficult to defend in a court of law and therefore it is important to have experienced and savvy legal representation that can help you gather and sort through the evidence of your case. If you have been accused of vehicular homicide in New Jersey, contact Aiello, Harris, Marth, Tunnero & Schiffman, P.C. today and we will be more than happy to answer your questions and address your concerns. Our New Jersey criminal defense attorneys keep flexible office hours, with weekend appointments available, and we can meet you in your home, hospital room or jail if you cannot travel to our office. We offer flexible scheduling and payment options. For a free initial consultation, call us today at (908) 561-5577 or contact us online.