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Ocean NJ Manslaughter Defense Lawyers

Manslaughter is a commonly discussed crime and it is often charged instead of murder. Persons can be charged with manslaughter when they recklessly cause the death of another. Also, if a person causes the death of another in the heat of passion they can face manslaughter charges. Manslaughter is a second degree crime. As a second degree crime, individuals convicted of the offense can face between five (5) and ten (10) years in prison. With potential penalties as serious as these, you need to hire an experienced criminal attorney if you have been charged or under investigation for manslaughter in Ocean County. Our former prosecutors and skilled defense lawyers have been practicing in Toms River and elsewhere in this region for decades. Indeed, we possess over 100 years of experience between the attorneys at our firm. If you need assistance with a charge at the county seat in Toms River, Brick Township, Lakewood, Jackson, Manchester, Berkeley or another town in the county, call our firm at (732) 286-6500. We are available to assist you 24/7 and initial consultations with a lawyer at Law Offices of Jonathan F. Marshall are always free of charge.

Proving a Manslaughter Charge Based on Unintentional Conduct

Although manslaughter is a serious second degree crime, there are only two elements that must be proven by the state to obtain a conviction. In this regard, the state must prove that:

  1. The accused cause the death of another; and
  2. The death was the result of reckless conduct on the part of the accused.

For purposes of this offense, a person acts recklessly when they consciously disregard a substantial risk and their actions are a gross deviation from a reasonable person acting with ordinary care. A detailed discussion regarding how this standard applies in the context of operation of an automobile can be found on our page addressing the offense known as death by auto (a.k.a. vehicular homicide). You may also refer to our detailed discussion concerning the charge of causing a drug induced death if you have been charged with that subspecies of manslaughter by the Ocean County Prosecutor.

Manslaughter Based on Intentional Misconduct

A manslaughter charge can also result from more intentional actions. Despite the intentional actions, when a person is acting out of passion the state will sometimes reduce the charges from murder to manslaughter. If the death was perpetrated in the heat of passion the defendant might face manslaughter charges. The state must then show that the defendant was provoked and as a result of the provocation he acted out of passion in dispatching the human life. This variety of manslaughter often arises as a backup and/or downgraded charge where it is established, beyond reasonable doubt, that the death was: (1) reasonably provoked; and (2) was in the heat of passion.


A person convicted of manslaughter has committed a second degree crime. As a second degree crime, manslaughter carries potentially serious criminal penalties. Defendants can serve between five (5) and ten (10) years in prison. Similar to aggravated manslaughter, manslaughter is a No Early Release Act offense. NERA requires a person to serve a minimum of 85% of their imposed prison term. Additionally, substantial fines can be imposed against a defendant. Criminal fines are not the only possible monetary penalties that can result from the charge. It is possible that the defendant will face civil damages as part of a civil law suit.

Brick Township Manslaughter Attorney

Although we have attempted to simplify the charge of manslaughter in this discussion, this is definitely an area of the New Jersey Criminal Code that is complex. There are a wide array of issues that can arise in the context of this offense irrespective of whether you are referring to provocation (intentional) manslaughter or reckless manslaughter. This certainly is not an area of law for the inexperienced attorney. So call our former prosecutors for the knowledgeable guidance and assistance you are looking for defending the manslaughter charge that was filed in Barnegat, Stafford, Little Egg Harbor, Ocean Township, Lacey or another Ocean County municipality.  Our team of defense lawyers has over a century of experience to call upon to formulate a plan in your defense. A Brick Township Manslaughter Attorney, including the former prosecutor in the town, Matthew Dorry, is available immediately to assist you at (732) 286-6500. Our lawyers welcome the opportunity to speak with you.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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