Vehicular homicide is a serious crime in New Jersey, and a conviction can impact the rest of your life. As a result, it is important to hire an experienced New Jersey criminal defense lawyer who can help protect you by all means available. Some examples of potential defenses to vehicular homicide charges include insufficient evidence of recklessness, insufficient evidence of causation, and violations of your constitutional rights.
If you have been charged with vehicular homicide in New Jersey, you are facing serious consequences. In most cases, vehicular homicide is prosecuted as a second-degree indictable offense, which means that it carries up to a 10-year prison sentence and a $150,000 fine. A conviction can affect your life in many other ways, and fighting to avoid life-altering consequences requires experienced legal representation.
While there are several potential defenses to a vehicular homicide charge, the defenses available to you depend on the facts of your case. Once you hire an experienced New Jersey criminal defense lawyer to represent you, your lawyer will conduct a thorough investigation and determine which defenses to assert on your behalf.
5 Potential Defenses to Vehicular Homicide Charges in New Jersey
With this in mind, some examples of potential defenses to vehicular homicide charges in New Jersey include:
1. Lack of Recklessness
Under New Jersey’s vehicular homicide statute, prosecutors must be able to prove that you were driving “recklessly” at the time of the fatal accident. If you were not driving recklessly, the simple fact that you were involved in a fatal accident—even if you made a mistake behind the wheel—is not enough to warrant a criminal conviction.
2. Lack of Causation
Conversely, if you were driving recklessly but your recklessness was not a factor in the fatal accident, this is a complete defense to criminal culpability under New Jersey’s vehicular homicide statute as well. If your criminal defense lawyer can show that the victim would have died regardless of your recklessness, you do not deserve to be convicted.
3. Lack of Evidence
At trial, it will be up to the prosecution to prove your guilt beyond a reasonable doubt. Regardless of what happened, if prosecutors do not have the evidence they need to convict you, you are entitled to have your vehicular homicide charge dismissed. Exposing deficiencies in the prosecution’s evidence will be a key defense strategy in many cases.
4. Police Mistakes or Misconduct
If the police made mistakes during the accident investigation or your arrest, that could mean the prosecution’s evidence is unreliable—and the prosecution should not be able to use it against you. Alternatively, if the police engaged in misconduct that violates your constitutional rights, it could render the prosecution’s evidence inadmissible in court.
5. Prosecutorial Mistakes or Misconduct
Along with police mistakes and misconduct, prosecutorial mistakes and misconduct can lead to the dismissal of vehicular homicide charges in some cases as well. For example, if prosecutors withhold exculpatory evidence or otherwise violate your right to a fair and speedy trial, this could potentially serve as grounds for dismissal.
Dealing with Specific Issues in New Jersey Vehicular Homicide Cases
In some vehicular homicide cases, specific issues can play a major role in determining the risks involved and the defenses that are available. Here are three examples:
- Vehicular Homicide Charges Involving Illegal Lane Changes – While vehicular homicide is a second-degree indictable offense in most cases, it is a third-degree indictable offense when, “the defendant did not commit any conduct constituting driving a vehicle . . . recklessly other than failing to maintain a lane . . . .” If your case involves an illegal lane change, this could substantially reduce the penalties that are on the table.
- Vehicular Homicide Charges Involving DUI – Conversely, in cases involving driving under the influence (DUI), prosecutors can potentially pursue first-degree criminal charges. Additionally, if you are being accused of driving under the influence, this can lead to an “inference” of recklessness.
- Other Grounds for an “Inference” of Recklessness – Various other factors can also lead to an “inference” of recklessness. These include falling asleep at the wheel, driving after 24 consecutive hours awake, and using a handheld phone while driving.
In all cases, it is critical to build and execute a defense strategy tailored to the circumstances at hand. An experienced New Jersey criminal defense lawyer will thoroughly evaluate all potential defenses and help you make informed decisions about how to fight your vehicular homicide charge in New Jersey court.
FAQs: Fighting a Vehicular Homicide Charge in New Jersey
What should I do if I have been charged with vehicular homicide in New Jersey?
If you have been charged with vehicular homicide in New Jersey, you need to be very careful. You should assert your right to remain silent and speak with an experienced New Jersey criminal defense lawyer as soon as possible.
How can I defend against a vehicular homicide charge in New Jersey?
Defending against your vehicular homicide charge will start with gaining a clear and comprehensive understanding of the facts of your case. You should not make any assumptions about what happened or why. Once you know all of the facts, you will be able to make informed decisions about your defense.
Is it worth hiring a lawyer if I have been charged with vehicular homicide?
Yes, if you have been charged with vehicular homicide in New Jersey, it is absolutely worth hiring an experienced criminal defense lawyer to represent you. You are facing life-altering consequences, and you need to ensure you are doing everything you can to protect your freedom, finances, and future.
Discuss Your Vehicular Homicide Case with an Experienced New Jersey Criminal Defense Lawyer
To discuss your vehicular homicide case with an experienced New Jersey criminal defense lawyer, contact us today. Call 877-435-6371 or contact us online to arrange a confidential consultation as soon as possible.