What to Expect When You’re Charged with Homicide in NJ

Being charged with homicide in New Jersey is one of the most serious legal situations you can face. The weight of the accusation, the complexity of the legal process, and the uncertainty of what’s ahead are not something to make light of. Knowing what to expect and having the right legal support can make a critical difference in how your case unfolds.

At Lustberg Law Offices, LLC, seasoned New Jersey homicide lawyer Adam M. Lustberg can help defend you against the charges and protect your rights. With a clear understanding of the legal process and a strong defense, your attorney can help take control of your case and work toward the best possible outcome.

This is a critical time to take action and make decisions that can shape your future. Contact Lustberg Law Offices, LLC today at (201) 880-5311 and get the support you need to move forward.

How New Jersey Homicide Charges Work

The terms murder, manslaughter, and vehicular homicide carry very different legal meanings in New Jersey law, and those differences can change everything about your case. 

What is the Difference Between Murder, Manslaughter, and Vehicular Homicide?

In New Jersey, “homicide” is a broad term that covers several specific charges, each based on what the State claims happened and what they can prove about your intentions or mindset.

• Murder involves purposely or knowingly causing someone’s death or causing serious injuries that lead to death. This also includes “felony murder,” which happens when someone dies during certain serious crimes, like robbery or burglary, even if the death wasn’t intentional.
• Manslaughter includes two categories: aggravated manslaughter, which involves reckless actions showing extreme indifference to human life (or a death that occurs while fleeing from the police), and manslaughter, which covers reckless behavior or a killing that happens in the heat of passion due to adequate provocation.
• Vehicular homicide applies when someone dies because of reckless driving or operating a vessel. This might involve alcohol or drugs, texting, extreme fatigue, or other risky driving behaviors.

Each of these charges reflects a different level of intent and risk.

Degrees of Murder and Their Legal Definitions

In New Jersey, murder charges are classified based on the specific circumstances surrounding the death. The law focuses on how the death occurred:

• Purposeful/Knowing Murder: This involves intentionally killing someone or intentionally causing serious injury that leads to death.
• Felony Murder: This applies when a death occurs during the commission of certain listed felonies, even if there was no intent to kill.

Murder is always considered a first-degree crime in New Jersey.

For manslaughter, the degree of the charge depends on the details of the case:

• Aggravated Manslaughter: This is treated as a first-degree crime.
• Manslaughter: This is classified as a second-degree crime.

How Intent and Circumstances Affect Charges

Your state of mind and the situation around the incident drive the charge the prosecutor chooses.

• Purposeful/Knowing points toward murder.
• Reckless conduct can lead to manslaughter (or aggravated manslaughter if the risk was extreme), and to vehicular homicide if a vehicle was involved.
• Heat of passion triggered by adequate provocation can reduce what might have been charged as murder down to manslaughter.
• Felony murder can apply if a death happens during certain serious felonies, even when killing wasn’t intended.

Small facts make big differences: what you intended, what risks were obvious, what was happening in the moments leading up to the death, and whether a listed felony was in progress. Those details are what shift a case from one charge to another.

New Jersey Homicide Lawyer – Adam M. Lustberg

The Legal Process After Being Charged

When you’re facing a homicide charge in New Jersey, it’s not just the accusation that’s intimidating, but everything that follows. The legal process moves through specific stages, each one with its own rules, deadlines, and impact on your future. Knowing what to expect can make the road ahead feel a little less unpredictable.

From Investigation to Formal Charge

It often starts with law enforcement investigating the incident. This can mean interviews, collecting physical evidence, and reviewing any witness statements. You might already know you’re under investigation, or you might not be aware until police show up at your door.

If investigators believe there’s enough evidence, the prosecutor can file a complaint. In homicide cases, this is usually done quickly after the arrest. At this stage, the charge isn’t yet locked in stone; it’s the prosecutor’s opening move, based on what they think they can prove.

Arraignment and Plea Entry in Superior Court

In New Jersey, homicide cases go straight to the Superior Court because they’re indictable offenses. At your arraignment, you’ll stand before a judge who will read the formal charges against you.

This is also when you enter a plea, typically “not guilty” at this point, even if discussions about a plea deal might come later. It’s not the time to argue your whole case; it’s more about making your position clear and setting the stage for what’s next. The court will also address issues like bail or detention, which can determine if you’ll be waiting for trial in jail or at home.

Pre-Indictment Conferences and Grand Jury Steps

Before your case can move toward trial, the prosecutor often invites you and your attorney to a pre-indictment conference. This is where the prosecutor may offer a plea deal in exchange for avoiding the grand jury process. You can accept, reject, or keep negotiating.

If the case goes forward, a grand jury will hear the evidence in private. This group of citizens decides if there’s enough proof to formally indict you. You don’t get to present your full defense here; it’s mainly the prosecutor’s process. If the grand jury returns a “true bill,” your case moves toward trial with the charges firmly in place.

Pre-Trial Strategy and Motions

Once your case is moving forward in the New Jersey court system, the time before trial is critical. This is when your defense team works to gather information, challenge the prosecution’s case, and decide the best way to proceed. Every step here can influence what happens in the courtroom later.

Discovery, Evidence Review, and Filing Pre-Trial Motions

In the discovery phase, both sides share the evidence they plan to use. For you, this means your defense team gets access to police reports, witness statements, lab results, video footage, and anything else the prosecution may rely on. 

Once your attorney reviews the evidence, they can look for weaknesses, gaps, or errors in the prosecution’s case. That’s where pre-trial motions come in. These are formal requests to the judge that can shape the trial before it even starts. Motions might ask to have certain evidence thrown out, to limit what witnesses can say, or even to dismiss charges if the law wasn’t followed during the investigation.

The Importance of Preserving Your Rights During Evidence Collection

From the moment you’re arrested, how evidence is collected and handled can impact your case. It’s important to know your rights during this process. You have the right to remain silent, which can protect you from saying something that could be twisted or used against you. You also have the right to have a lawyer present during questioning or searches.

If law enforcement wants to search your home, vehicle, or belongings, they generally need a warrant. If they conduct a search without one, or if they pressure you into agreeing to a search, it could be a violation of your rights.

Be cautious about sharing details of your case with anyone other than your lawyer. Even casual conversations can lead to misunderstandings or unintended consequences.

Evidence is at the heart of any homicide case, and how it’s handled can influence the outcome of yours. Knowing what to expect and working closely with your lawyer to challenge problematic evidence can strengthen your defense and protect your rights.

Negotiating or Considering Plea Deals

Not every case goes to trial. Sometimes the prosecution offers a plea deal, an agreement where you plead guilty to a lesser charge or get a reduced sentence. In New Jersey homicide cases, this can mean the difference between decades in prison and a shorter term.

Deciding whether to accept a plea is a big choice. Your defense team will weigh the strength of the evidence, the risks of trial, and the possible sentence if you’re convicted. At the end of the day, it’s your decision, and it should be made with a full picture of what’s at stake.

Preparing the Defense Case: Experts, Witnesses, and Strategy

If your case is headed to trial, preparation becomes the focus. Your defense team may bring in professionals to analyze evidence, reconstruct events, or give opinions that challenge the prosecution’s version of what happened. Witnesses, whether they saw something firsthand or can testify to your character, are carefully chosen and prepared.

This stage is also where your overall trial strategy takes shape. That means deciding which points to push hard, how to challenge the prosecution’s witnesses, and how to tell your side of the story in a way that makes sense to the jury. The work done here can make a real difference in how your case plays out.

Stage of Pre-Trial Process	What Happens	Why It Matters
Discovery, Evidence Review, and Filing Pre-Trial Motions	Both sides share evidence such as police reports, witness statements, lab results, and video footage. Defense attorneys review for weaknesses and file motions to suppress evidence, limit witness testimony, or dismiss charges.	Helps challenge the prosecution’s case early and can shape what evidence the jury sees, possibly leading to dismissal or reduction of charges.
The Importance of Preserving Your Rights During Evidence Collection	Ensuring evidence is collected legally. You have the right to remain silent, to have an attorney during questioning, and to require a warrant for searches.	Protects against unlawful searches or coerced statements. Improperly obtained evidence may be excluded, strengthening the defense.
Negotiating or Considering Plea Deals	Prosecutors may offer reduced charges or lighter sentences in exchange for a guilty plea. Defense weighs evidence strength, trial risks, and sentencing outcomes.	Can reduce prison time or charges, but must be carefully considered since it involves giving up the right to trial.
Preparing the Defense Case: Experts, Witnesses, and Strategy	Defense may bring in expert witnesses, reconstruct events, and prepare testimony to challenge the prosecution. Strategy is developed on how best to present the case to the jury.	Ensures the defense is thorough, credible, and persuasive, which can significantly impact the trial’s outcome.

Trial Phase and What to Expect

If your homicide case in New Jersey goes to trial, it’s natural to feel tense and uncertain. The courtroom can seem intimidating, but knowing the order of events can help you stay grounded and focused. Each stage is designed to give both sides a chance to present their case and for the jury to decide based on the law and the evidence.

Opening Statements and Evidence Presentation

The trial begins with opening statements. Here, the prosecution goes first, telling the jury what they believe happened and what evidence they’ll use to prove it. Your defense follows, laying out your side of the story and highlighting the weaknesses in the state’s case.

After that, evidence is presented. This can include documents, photographs, recordings, physical items, or anything else legally admitted. The prosecution presents its case first, and your defense has the chance to challenge each piece of evidence as it comes in.

Direct and Cross-Examination of Witnesses

Witnesses play a big role in a homicide trial. When the prosecution calls a witness, they start with direct examination. Then your defense can cross-examine that witness, pointing out inconsistencies or showing why their testimony may not be reliable.

When it’s your turn, your defense can call witnesses to support your case. The prosecution will then have the chance to cross-examine them as well. This back-and-forth helps the jury see both sides of the story.

Jury Instructions and the Burden of Proof

Before the jury begins its deliberations, the judge explains the law they must follow; these are called jury instructions. They outline the exact definitions of the charges, what the prosecution has to prove, and how the jury should consider the evidence.

In a New Jersey criminal trial, the prosecution carries the burden of proof. That means they must convince the jury of your guilt beyond a reasonable doubt. If they can’t meet that standard, the law requires the jury to find you not guilty.

Verdict Outcomes and Immediate Next Steps

Once the jury reaches a decision, the verdict is read in court.

• Not Guilty: You’re cleared of the charges and free to leave, though you may still face other unrelated legal issues if they exist.
• Guilty: The case moves to sentencing, which may happen immediately or be scheduled for another date.
• Hung Jury: If the jury can’t agree, the judge may declare a mistrial, and the prosecution can decide whether to retry the case.

Right after the verdict, your defense team will talk to you about your options, which could include appealing the decision or preparing for sentencing. Every outcome leads to its own next step, and the plan often begins the moment the court adjourns.

Sentencing and Potential Penalties

If you’re convicted of homicide in New Jersey, the next step is sentencing. This is where the judge decides your punishment based on the law, the facts of your case, and any factors that make the sentence harsher or lighter. The penalties in homicide cases are some of the most severe in the state, so it’s important to know what you could be facing.

Murder is a crime that carries a sentence of at least 30 years in New Jersey. Life imprisonment can also be imposed in aggravated circumstances. Parole is only granted in specific circumstances.

Aggravating Factors That Lead to Life Without Parole

Certain facts can push a sentence to the maximum allowed: life in prison with no chance of release. These “aggravating factors” can include:

• Killing a police officer or public servant while they were performing their duties.
• Murder for hire or killing during the course of another serious crime, such as kidnapping or sexual assault.
• Multiple victims in the same incident.
• Particularly brutal or cruel circumstances.

When these factors are present, the prosecution can ask the court to impose the harshest penalty possible under New Jersey law.

Manslaughter, Vehicular Homicide, and Alternative Charges

Not all homicide convictions result in the same type of sentence.

• Manslaughter: Typically carries a sentence of 10 to 20 years for second-degree charges, but can be longer if considered aggravated.
• Vehicular Homicide: Usually treated as a second-degree crime, with 5 to 10 years in prison, and parole ineligibility if drugs, alcohol, or reckless driving played a role.
• Other Related Offenses: Depending on the facts, charges like aggravated assault or leaving the scene of a fatal accident may be part of the case, each with its own penalties.

The type of conviction you receive shapes the length of your sentence and how soon you might be eligible for release. Even after sentencing, there can be options for appeal or post-conviction relief, but those are separate processes from the penalties themselves.

Preparing Yourself for What Lies Ahead

The road ahead may feel uncertain and intimidating, but taking the right steps now can make a meaningful difference. Preparing yourself emotionally, mentally, and practically is key to handling what lies ahead and giving yourself the best chance at a strong defense.

The Emotional and Psychological Impact of a Homicide Charge

A homicide charge doesn’t just affect your legal situation—it impacts every part of your life. You might feel fear, anger, confusion, or even shame, and those emotions can weigh heavily on you. The stress of the situation can also affect your relationships with family and friends, leaving you feeling isolated.

It’s important to recognize that these feelings are normal. You’re facing something difficult, and it’s okay to lean on people who care about you during this time. Consider reaching out to a counselor or therapist who can help you work through the emotional toll of your case. Having that kind of support can make a huge difference in how you handle the challenges ahead.

Steps You Can Take to Support Your Defense

While your defense lawyer will handle the legal side of your case, there are things you can do to help your defense. Small, practical steps can make a big impact.

• Stay Organized: Keep track of any documents or information related to your case. Write down important dates and make sure you know when and where you need to be for court appearances.
• Avoid Talking About Your Case: It might be tempting to discuss your situation with friends, family, or on social media, but this could hurt your defense. Anything you say could potentially be used against you, so it’s best to stay quiet and let your lawyer handle communication. If you are going through counseling, make sure to not discuss any legal topics.
• Follow Legal Advice: Your lawyer knows what’s best for your case. Listen to their advice, follow their recommendations, and ask questions if you don’t understand something.

These steps may seem small, but they can help you stay focused and prepared as your case moves forward.

Why Communication with Your Lawyer is Essential

Your lawyer is your strongest ally during this process. Clear and open communication with them is essential to building a strong defense. Make sure you’re honest about everything, even if you think it’s not important or could make you look bad. The more your lawyer knows, the better they can prepare for what’s coming.

Ask questions if you’re unsure about any part of the process. Your lawyer is there to guide you and provide clarity about what’s happening. Respond promptly to their calls or requests for information, and keep them updated about any changes in your situation.

A strong relationship with your lawyer is built on trust, honesty, and consistent communication. When you work together, you give yourself the best chance to face the challenges ahead with confidence.

Preparing for what’s ahead isn’t easy, but taking control of what you can will help you feel more grounded. 

Building a Strong Defense Against Homicide Charges

Every step of the legal process after a homicide charge matters, from the initial arrest to the role of evidence and the challenges you’ll face in court. Knowing what lies ahead, preparing yourself emotionally and practically, and working closely with a skilled New Jersey homicide lawyer can make all the difference. We can guide you through each stage of the case, protecting your rights and crafting a tailored defense strategy to secure the best possible outcome.

This is a critical time to take action. Contact Lustberg Law Offices LLC today at (201) 880-5311 to start building your defense and secure the support you need to face the road ahead.