Perez Justice Law

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Facing a murder charge is among the most serious criminal accusations possible, and it is understandable to feel frightened.

In New York, a conviction for murder can result in a lengthy prison sentence, and in some cases, the defendant may spend the rest of their life behind bars. Given the severity of the charge and the profound impact a conviction can have on the defendant, having skilled legal representation is crucial.

Murder refers to the intentional killing of another person. In New York, there are two classifications: 

First Degree Murder

According to NY Penal Law § 125.27, first-degree murder charges apply if the killing was premeditated.

Second Degree Murder

Without evidence of premeditation, but with evidence of intent or a depraved indifference to human life, the charge falls under second-degree murder, as outlined in NY Penal Law § 125.25

Manslaughter

Manslaughter is charged when an individual causes the death of another person without intending to do so. For instance, if you engage in a physical altercation with someone, your aim might be to hurt them, but not kill them. If the person dies as a result of the fight, you could be charged with manslaughter. There are two levels of manslaughter charges.

First Degree Manslaughter

First-degree manslaughter involves causing someone’s death with the intent to inflict physical harm.

Second Degree Manslaughter

Second Degree Manslaughter involves recklessness. These are outlined in NY Penal Law §125.15 and §125.20.

Vehicular Manslaughter

If an individual causes the death of another person while operating a vehicle, they may be charged with vehicular manslaughter. A New York murder defense lawyer can clarify that the specific charge – either first-degree or second-degree vehicle manslaughter – depends on various factors, such as whether the driver was intoxicated, if their license was suspended at the time, or if a child was present in the vehicle. These charges are defined under NY Penal Law §125.12 and §125.13.

Criminally Negligent Homicide

If your careless or reckless actions lead to someone’s death, you may be charged with criminally negligent homicide. This charge is outlined under NY Penal Law §125.10.

The penalties for being convicted of a crime involving the death of another person range from 4 years to life in prison. The main factors that affect the sentencing are:

  • The nature of the charge, whether it is murder, manslaughter, vehicular manslaughter, or criminally negligent homicide.
  • The level or degree of the charge
  • Your criminal history
  • Any other aggravating or mitigating factors

Defend Your Rights Today

Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential. 

We understand the stress and anxiety that can come with facing criminal charges.

Intake is free of charge and will include
A free 45-minute consultation.