While the terms “murder” and “homicide” are often used interchangeably, they are not the same. A homicide may be the result of an accident, negligence, or intent, with each carrying its own penalties and charges.
Homicide is a general term that refers to taking the life of another. Under homicide, different charges exist, and each has a different set of elements that must be proven by the prosecution and has a different set of penalties.
Some forms of homicide are considered legally justifiable, such as self-defense. The intentions behind the actions are closely examined and can determine the difference between manslaughter and murder charges.
Charges Considered a Homicide in New York
What separates manslaughter charges from murder charges is the intent of the suspect.
When the charge presented is murder, the prosecution must be able to prove the suspect intended to kill the victim. While penalties for murder are more severe, intention is not always easy for prosecution to prove. These factors can be pivotal in a homicide or manslaughter case.
In New York, the following charges fall under homicide:
– Murder in the 2nd degree
– Murder in the 1st degree
– Manslaughter in the 2nd degree
– Manslaughter in the 1st degree
– Vehicular Manslaughter in the 2nd degree
– Vehicular Manslaughter in the 1st degree
– Criminally Negligent Homicide
– Aggravated Criminally Negligent Homicide
Penalties and Murder Charges in New York
There are several degrees of murder under New York law, with each considered a Class A-1 felony. Murder is a form of homicide.
Murder In The 2nd Degree
A suspect can be charged with Murder in the 2nd degree when:
– The suspect intentionally kills another person or kills a third party when attempting to kill their primary target
– The suspect shows a “depraved indifference to human life” by killing someone in an act of recklessness
– The suspect kills someone in the course of committing another felony
– The suspect kills someone under the age of 11 in a way that shows indifference to human life
– The suspect kills someone under the age of 14 while committing rape, sexual abuse, or other criminal sexual acts
Murder in the 2nd degree is punishable by 15 to 25 years to life in prison. Terms can be extended depending on the circumstances.
Murder In The 1st Degree
Murder in the 1st degree can be charged if the suspect intending to kill another person is 18 years or older and:
– The intended victim was a law enforcement officer acting in the course of their duties
– The victim was killed while the suspect was committing a felony or leaving a felony
– The suspect was serving a life sentence
– The suspect caused death to someone as an act of terror or under torture
– The suspect conducted the killing for hire
Murder in the 1st degree carries a penalty of imprisonment for 20 to 25 years to life or life in prison without parole.
Penalties and Manslaughter Charges in New York
Manslaughter is another type of homicide.
Manslaughter is not premeditated. Therefore, it is considered less serious than murder. It is classified as a class B violent felony and can carry a maximum of 25 years in prison.
Manslaughter in The 1st Degree
Manslaughter in the first degree can be charged when an individual intended to cause serious injury to another person, and that injury resulted in that person’s death.
Manslaughter in The 2nd Degree
Manslaughter in the 2nd degree can be charged when a suspect continues with a reckless act and consciously disregards the fatal risks to the victim and is considered a Class C felony.
Vehicular Manslaughter in the 2nd Degree
Vehicular manslaughter in the 2nd degree is considered a Class C felony punishable by up to 15 years in prison and can be charged when the suspect has driven a motor vehicle while under the influence of drugs or alcohol and has caused the death of another person.
Vehicular Manslaughter in the 1st Degree
Vehicular Manslaughter in the 1st degree is considered a Class C felony punishable by up to 15 years in prison and can be charged when the suspect caused the death of another person while driving with a BAC of .18% or higher or caused the death of more than one person with a BAC of less than .18%
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