Penalties for Murder in New Jersey

As it stands, the maximum penalty for a New Jersey Murder is Life without Parole. In order for the Sentencing Judge to sentence a defendant to life without parole, the Grand Jury and a Petit Jury must find, beyond a reasonable doubt, an aggravating factor enumerated in the New Jersey Code at 2C:11-3(b)(4) and one of the following circumstances;

1. That defendant killed the person by their own conduct, OR
2. The Defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value, OR
3. The Defendant, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, commanded or by threat or promise solicited the commission of the murder, OR
4. The Defendant committed a crime of terrorism and the murder occurred during the commission that terrorism.

Additionally, the Sentencing Judge may sentence the defendant to life without parole if the victim was a law enforcement officer or the victim is less than 14 years old and the defendant commits a sexual assault in violation of N.J.S.2C:14-2 or criminal sexual conduct in violation of N.J.S.2C:14-3.
If none of the above circumstances apply, the Judge must balance the aggravating and mitigating factors found in the New Jersey criminal code and sentence the defendant to a term between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole. Life is considered 75 years in the State of New Jersey and the defendant must serve 85 % of their murder sentence before being eligible for parole (at least 30 years of parole eligibility).
The Sentencing Judge may also order fines and restitution as prescribed by 2C:43-3 for all convictions for Murder in New Jersey.

New Jersey’s Murder Statute- 2C:11-3;

a. Except as provided in N.J.S.2C:11-4 (Manslaughter), criminal homicide constitutes murder when:
(1) The actor purposely causes death or serious bodily injury resulting in death; or
(2) The actor knowingly causes death or serious bodily injury resulting in death; or
(3) It is committed when the actor, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism pursuant to section 2 of P.L.2002, c. 26 (C.2C:38-2), and in the course of such crime or of immediate flight therefrom, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:
(a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and
(b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and
(c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and
(d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
b. (1) Murder is a crime of the first degree but a person convicted of murder shall be sentenced, except as provided in paragraphs (2), (3) and (4) of this subsection, by the court to a term of 30 years, during which the person shall not be eligible for parole, or be sentenced to a specific term of years which shall be between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole.
(2) If the victim was a law enforcement officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer, the person convicted of that murder shall be sentenced by the court to a term of life imprisonment, during which the person shall not be eligible for parole.
(3) A person convicted of murder shall be sentenced to a term of life imprisonment without eligibility for parole if the murder was committed under all of the following circumstances:
(a) The victim is less than 14 years old; and
(b) The act is committed in the course of the commission, whether alone or with one or more persons, of a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3.
(4) Any person convicted under subsection a.(1) or (2) who committed the homicidal act by his own conduct; or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value; or who, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, commanded or by threat or promise solicited the commission of the offense, or, if the murder occurred during the commission of the crime of terrorism, any person who committed the crime of terrorism, shall be sentenced by the court to life imprisonment without eligibility for parole, which sentence shall be served in a maximum security prison, if a jury finds beyond a reasonable doubt that any of the following aggravating factors exist:
(a) The defendant has been convicted, at any time, of another murder. For purposes of this section, a conviction shall be deemed final when sentence is imposed and may be used as an aggravating factor regardless of whether it is on appeal;
(b) In the commission of the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim;
(c) The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim;
(d) The defendant committed the murder as consideration for the receipt, or in expectation of the receipt of anything of pecuniary value;
(e) The defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value;
(f) The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;
(g) The murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, robbery, sexual assault, arson, burglary, kidnapping, carjacking or the crime of contempt in violation of subsection b. of N.J.S.2C:29-9;
(h) The defendant murdered a public servant, as defined in N.J.S.2C:27-1, while the victim was engaged in the performance of his official duties, or because of the victim’s status as a public servant;
(i) The defendant: (i) as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, committed, commanded or by threat or promise solicited the commission of the murder or (ii) committed the murder at the direction of a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 in furtherance of a conspiracy enumerated in N.J.S.2C:35-3;
(j) The homicidal act that the defendant committed or procured was in violation of paragraph (1) of subsection a. of N.J.S.2C:17-2;
(k) The victim was less than 14 years old; or
(l) The murder was committed during the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism pursuant to section 2 of P.L.2002, c. 26 (C.2C:38-2).
(5) A juvenile who has been tried as an adult and convicted of murder shall be sentenced pursuant to paragraph (1), (2) or (3) of this subsection.
Subsections (c) through (h) were Deleted by amendment, P.L.2007, c. 204 after the New Jersey Death Penalty was repealed in 2007.
i. For purposes of this section the term “homicidal act” shall mean conduct that causes death or serious bodily injury resulting in death.
j. In a sentencing proceeding conducted pursuant to this section, the display of a photograph of the victim taken before the homicide shall be permitted.

Murder Prosecuted in Federal District Court

Murder is normally a crime that is prosecuted according to the laws and regulations of the state in which it occurred. However, the charge of murder can be filed on the federal level under certain circumstances. In particular, murder cases involving terrorism, interstate activities and federal officials can and will be prosecuted by the U.S. Attorney General’s office. Unlike New Jersey, the Death Penalty is a possible penalty in Federal Court (even in the Federal Court is in Newark, New Jersey).

Possible Defenses to Murder in New Jersey

It is important to consider all factors and defenses when assessing murder case in New Jersey. These defenses can be found within the New Jersey criminal code or entrenched in the New Jersey Common law.

• Contest the Identification
• Alibi Defense
• Battered Woman Syndrome
• Intoxication
• Duress
• Consent
• Self Defense in Self Protection
• Self Defense Resisting Arrest
• Use of Force Upon Intruder
• Use of Force in Protection of Others
• Self Defense Use of Force in Defense of Personal Property
• Defense of Property
• Use of Force in Law Enforcement (For Law Enforcement Defendants)
• Insanity
• Evidence of Mental Disease or Defect (Diminished Capacity)
• Government failed to prove the requisite mental state
• Government failed to prove the requisite injury

http://newjerseyesq.com/nj-criminal-law/murder-in-new-jersey/