Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Aggravated Manslaughter and Lesser-Included Offenses (Part 1)

February 21, 2023 by Fred Sisto

Aggravated Manslaughter and Lesser-Included Offenses (Part 1)

On August 17, 2022, a three-judge appellate panel decided the Hudson County case of State v. Scott Hahn. The principal issue under N.J.S.A. 2C:11-4 concerned the trial court’s failure to charge reckless manslaughter as a lesser-included offense of aggravated manslaughter.

Presiding Judge Messano wrote for the Appellate Division in relevant part: Here, it is undisputed the judge failed to instruct the jury on the lesser-included offense of reckless manslaughter. The evidence could clearly support a jury’s finding that defendant acted recklessly, but only with the possibility, as opposed to the probability, of causing another’s death. Instead, by only receiving instructions on aggravated manslaughter, the jury faced the all-or-nothing decision whether to acquit or convict defendant of the only charge presented for their consideration in counts one and two, i.e., aggravated manslaughter.

However, this appeal presents an unusual circumstance because of the State’s charging decision to indict defendant for both aggravated manslaughter and the lesser-included charge of vehicular homicide. The jury convicted him of both. Defendant implied during oral argument this was a deliberate stratagem to avoid lesser-included jury instructions in the context of the charge on aggravated manslaughter. We express no opinion on that assertion.

However, we disagree with the State’s contention that any error in failing to charge the jury with reckless manslaughter was harmless. First, while it is undisputed the judge accurately defined the elements of both aggravated manslaughter and vehicular homicide, she did so separately, without mention of any relationship between the two offenses. The verdict sheet directed the jury to return separate verdicts on each crime as to each victim. A properly instructed jury would have understood that it did not face an all-or-nothing decision on the aggravated manslaughter counts of the indictment, but rather it could acquit defendant of those charges and still find him guilty of causing the victims’ deaths by returning guilty verdicts, as already noted, as to the lesser-included reckless manslaughter, or on the two counts of vehicular homicide as lesser-included offenses.

Homicide convictions regarding multiple victims almost always result in consecutive sentences. When more than three victims are involved, the consecutive sentences are usually caped at three, with any remaining sentences running concurrently.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Drug Recognition Evidence (Part 3)
  • Drug Recognition Evidence (Part 2)
  • Drug Recognition Evidence (Part 1)
  • Shoplifting and Sales Tax (Part 2)
  • Shoplifting and Sales Tax (Part 1)
  • Handgun Permit-To-Carry Applications (Part 3)
  • Handgun Permit-To-Carry Applications (Part 2)
  • Handgun Permit-To-Carry Applications (Part 1)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish