Monmouth County Murder Defense Lawyer
Also Serving Middlesex County and Across New Jersey
All criminal charges are serious, but a murder charge tops the list. Defendants face the possibility of life in prison. They need a lawyer who believes in them, understands the law, knows how to win at trial, and has a track record of doing that. That’s the kind of attorney defendants find at Law Offices of Carlos Diaz-Cobo.
Attorney Diaz-Cobo has earned a national reputation for his criminal defense work. Media outlets that include ABC, NBC, CNN, Fox, and the Wall Street Journal have covered his cases. Even more important, from our perspective, are the strong reviews that so many happy clients have given us. We leverage over 18 years' worth of experience to help defendants in this crucial fight for their freedom.
Call (848) 207-2709 or contact us online. One of the few Latino criminal defense lawyers, Attorney Diaz-Cobo works with both Spanish-speaking and English-speaking clients.
Murder Laws in New Jersey
Murder is defined as the intentional killing of another human being. Unlike other homicide offenses, such as manslaughter, murder requires a Purposeful or Knowing intent.
First-degree murder is the most serious crime, involving premeditation or purposeful or knowing intent to kill. For example, planning and carrying out the act with clear intention would constitute first-degree murder. What’s more, felony murder--a death caused during the commission of another serious crime, such as armed robbery--is also prosecuted as first-degree murder, regardless of intent to kill.
A first-degree murder conviction carries a sentence of 30 years to life imprisonment. If there are aggravating factors involved—for example, the killing of a police officer—the possibility of life imprisonment without parole exists.
Attempted Murder
Under New Jersey law, attempted murder occurs when a person, with the intent to kill another, takes a substantial step toward committing that act but does not succeed in causing the death of the victim. Intent plays a critical role in distinguishing attempted murder from other crimes, as the individual must specifically intend to cause the victim’s death, not just bodily harm.
N.J.S.A. 2C:5-1 outlines what constitutes a criminal attempt. To secure a conviction for attempted murder conviction, the prosecution must prove the following beyond a reasonable doubt:
- Intent to kill. The defendant must have had the purposeful intention to kill the victim. New Jersey law does not require the prosecutor to show that the defendant succeeded in carrying out the act or that the victim was injured, only that there was a specific intent to cause death.
- A substantial step toward the crime. A “substantial step” goes beyond mere preparation and indicates that the defendant came dangerously close to completing the act of murder. Examples can include obtaining a weapon, ambushing the victim, or taking concrete actions to set their plan in motion.
The prosecution may use direct or circumstantial evidence to demonstrate both intent and action. This could include statements made by the defendant, planning materials, or evidence of their actions leading up to the attempt.
Attempted murder is classified as a first-degree crime under New Jersey law. However, due to the nature of an attempted crime, the penalties are slightly reduced compared to an actual murder conviction. A conviction carries a sentence of 10 to 20 years in New Jersey State Prison. If the crime involved extraordinary circumstances, such as an attempt on the life of a law enforcement officer, penalties could be enhanced. Attempted murder falls under New Jersey’s No Early Release Act (NERA), meaning the convicted individual must serve at least 85% of their sentence before becoming eligible for parole.
The court may impose fines of up to $200,000, depending on the specifics of the case, along with a permanent criminal record, which can severely impact future employment opportunities, housing options, and other aspects of life. Probation or parole violations can lead to additional penalties.
When facing serious criminal charges, you need a relentless, trial-ready defense. As a Certified Criminal Trial Lawyer and award-winning attorney, Carlos Diaz-Cobo has the experience, reputation, and courtroom skill to fight for the best outcome in your case.
Defense Strategies Against a Murder Charge
An important aspect of building a legal defense involves addressing the role of intent. Proving beyond a reasonable doubt that the accused acted with intent--whether premeditated, purposeful, or knowing is a fundamental burden of the state in any murder case. If the defendant can disprove the intent element--or even raise reasonable doubt in the minds of the jury—the prosecution’s case may crumble.
As an example, we might argue that the accused’s actions were accidental rather than deliberate, showing there was no plan, forethought, or specific intent. This strategy is particularly useful in reducing a murder charge to a lesser offense, such as manslaughter.
A more aggressive strategy includes challenging the validity of the prosecution's evidence. Demonstrating insufficient evidence is a powerful way to weaken the state’s case against the defendant. For example, if key witnesses lack credibility, forensic evidence is inconclusive, or procedural errors occur during the investigation, an argument for dismissal or acquittal becomes stronger.
False accusations are also a frequent issue in murder cases, particularly in situations fueled by ulterior motives, mistaken identity, or unreliable testimony. Presenting alternative evidence, alibis, or expert witness testimony can dismantle the narrative put forth by the prosecution.
