Murder Charges

Fred Sisto Attorney Weapons Charges In the state of New Jersey the charge of murder is a first degree offense. There are three categories that murder charges can fall under:

Purposeful
Knowing
Murder in the course of committing (or attempting to commit) other felonies

Proving Murder Charges in New Jersey

To prove someone is guilty of murder charges in New Jersey, three things must be demonstrated in court.

1. It must first be proven that a person has died. However, the state is not required to produce the victim’s body. Proof that a death has occurred can be accomplished through direct or circumstantial evidence.

2. It must also be proven the suspect caused the death. The defendant can also be found guilty of murder if it is proven they caused injuries severe enough to have resulted in death.

3. The prosecution must also prove the accused acted purposely or knowingly. In other words, did the defendant know that his actions could result in the death of the victim?

This third element of the murder conviction is not proven through direct evidence. It must be obtained through other avenues such as the defendant’s behavior and actions.

Was the accused using a deadly weapon that could have caused the death of the victim? It is not a reasonable expectation that the use of a knife or gun would not result in death or severe injuries that would cause the death of the victim.

Insanity Defense For Murder

There are two arguments against murder charges that can excuse the defendant from willingly and knowingly committing the crime: Intoxication and Insanity.

Intoxication is a relatively easy defense to prove.

Insanity, however, is a little more difficult. It is an affirmative defense, meaning the burden of proof is on the defendant to prove they were insane at the time the crime was committed. The defendant must be committed for a period of thirty days, examined, and the results reported to the court. If it is found the defendant was distressed by a disease of the mind at the time of the crime, he/she may be deemed insane by the State of New Jersey and unfit to stand trial.