In New York, a defendant may face many potential charges after causing the death of another human being. Homicide laws have evolved considerably over the years. According to the World History Encyclopedia, the first known law against murder appeared in the Sumerian “Code of Ur-Nammu” over 4,000 years ago. More nuanced homicide laws emerged thousands of years later, and the legal distinction between an intentional killing and an unintentional “manslaughter” was first made in the colonial era. Defendants should understand these distinctions, which could potentially provide a pathway to more lenient criminal consequences. Defendants may also consider consulting with an experienced murder defense lawyer in New York. During this initial meeting, they can discuss their unique circumstances in more detail. Call 845-567-4820 to schedule a consultation with The Law Office of Benjamin Greenwald.
What Is Homicide in New York?
Homicide is not a crime in and of itself, but rather a “category” of criminal offenses in New York. Both manslaughter and murder fall under this general category, and there are further subcategories to consider. For example, defendants may face various types of murder charges – including murder in the first degree and murder in the second degree. There are also different types of manslaughter, including vehicular manslaughter and manslaughter in the first degree. Although homicide charges can be quite varied, they have one thing in common: They always involve the death of another human being. That being said, it is also possible to face charges for attempted murder – even if another person does not die.
What Is Murder in New York?
Murder is an unlawful killing. If a defendant causes the death of another human being, they could face either murder in the second degree or murder in the first degree in New York. Although unintentional deaths generally fall under manslaughter laws, it is still possible to face a murder charge for an accidental death in New York.
Murder in the Second Degree
Murder in the second degree is a common charge after an unlawful death in New York. Defendants may face this charge after numerous acts. First, a defendant could face murder in the second degree if they intentionally kill another person. Secondly, they could face this offense if they accidentally kill a third party while trying to kill an intended target. If a defendant causes a death through serious depravity or recklessness, they may also face murder in the second degree.
If a defendant causes a death while carrying out a felony, second degree murder charges may apply. For example, a defendant might accidentally discharge their firearm and kill someone while robbing a bank. After sufficient recklessness or criminal acts, accidental deaths of children often lead to second degree murder charges in New York. In New York, the penalty for murder in the second degree is 15 to 25 years in prison. A life sentence is also possible.
Murder in the First Degree
Murder in the first degree is a more serious homicide offense in New York. This charge is only possible for defendants aged 18 and older. Aside from this age requirement, various situations could lead to first degree murder charges.
First, the intended target may have been a police officer, judge, or law enforcement professional. “Murder for hire” is always prosecuted as first degree murder in New York. An intentional killing during the commission of a felony also falls under this category, as does any death caused by torture or terrorism. Finally, defendants serving life sentences will face first degree murder charges for killings committed while incarcerated. The penalty for first degree murder in New York is 20 to 25 years in prison or a life sentence with no possibility of parole.
What Is Manslaughter in New York?
Generally speaking, manslaughter is an unintentional killing. However, this is not always the case – and defendants could theoretically face manslaughter charges after voluntary acts. Perhaps most notably, manslaughter leads to lower sentences compared to murder. After facing murder charges, defendants may wish to discuss the possibility of pursuing more lenient manslaughter penalties with help from The Law Office of Benjamin Greenwald. Like murder, there are various types of manslaughter to consider in New York:
Manslaughter in the Second Degree
If a defendant kills someone while acting in a reckless manner, they will likely face manslaughter in the second degree. A classic example is the “apple-shot,” in which an archer attempts to shoot an apple balanced on the head of another person. If the archer hits the person in the face and kills them, this could constitute manslaughter in the second degree. Defendants may face up to 15 years in prison for this offense.
Manslaughter in the First Degree
In New York, defendants may face manslaughter in the first degree if they unintentionally kill people after intentionally harmful acts. For example, a defendant might punch another person in the face during a drunken bar fight. If this blow causes a fatal brain injury, the defendant could face manslaughter in the first degree – even if they never intended to kill the other person. This is distinct from murder because the defendant acted in the heat of the moment without premeditation. However, it is also more serious than second degree manslaughter because it involves an intentional, harmful act. Defendants face up to 25 years in prison for manslaughter in the first degree.
Vehicular Manslaughter
A common type of manslaughter involves motor vehicle accidents. This is called “vehicular manslaughter,” and there are various degrees to consider. The first is vehicular manslaughter in the second degree, and it involves accidental deaths while driving under the influence. The penalty is up to seven years in prison. A more serious charge is vehicular manslaughter in the first degree, which involves numerous deaths, child deaths, past DWI convictions, or a BAC of over .18. The penalty for vehicular manslaughter in the first degree is up to 15 years in prison.
Contact The Law Office of Benjamin Greenwald Today
Regardless of the specifics, homicide in general is a serious challenge for defendants in New York. The consequences can be severe, even if the killing was a completely unintentional manslaughter. A criminal defense lawyer in New York can help defendants consider their options as they fight for their rights. A number of murder defense strategies may be possible, and defendants may choose to discuss these options during their initial consultations with homicide defense lawyers in New York. Call 845-567-4820 to discuss a potential consultation with The Law Office of Benjamin Greenwald. fense attorney and learn more.
