Queens
Homicide, Murder & Manslaughter
Defense Lawyer
Representing Queens, NY, Clients Facing Homicide, Murder & Manslaughter Charges
Murder Vs. Manslaughter
Both murder and manslaughter fall under the purview of homicide charges in New York, but these offenses describe different actions. While both apply to killing another person, murder requires malice aforethought or a willful intention of killing the victim. Depending on how the killing of a person unfolds, the offender could face one of multiple possible charges:
- Murder in the first degree applies to the intentional killing of another person that was premeditated, meaning the offender knew their actions would kill the victim and intended to kill the victim. Murder in the first degree may also apply when a person kills another person while committing another crime, such as an armed robbery.
- Murder in the second degree is often called a crime of passion, meaning the offender knew their actions would kill the victim but did not plan the killing. For example, if a married person comes home and finds their spouse in bed with someone else and kills them, they did not plan the event, but they carried it out knowing the consequences.
- Voluntary manslaughter describes the intentional killing of another person that was not planned. Similar to second-degree murder, the law typically considers voluntary manslaughter a crime of passion. The difference is that the offender facing second-degree murder knew what their actions would cause and carried out the act anyway. An offender may face a charge of voluntary manslaughter if they intended to harm but not kill the victim, but the victim dies due to the offender’s actions anyway.
- Involuntary manslaughter applies when the offender kills another person due to negligence. An individual will likely face involuntary manslaughter charges if their actions demonstrated a clear disregard for the safety of others.
- Vehicular manslaughter is a separate homicide charge that applies when a person kills another person with their vehicle. For example, a drunk driver hits and kills a pedestrian. The driver would face criminal charges for driving under the influence and vehicular manslaughter charges for killing the pedestrian due to their criminal negligence.
Defending Against Murder and Manslaughter Charges in Queens, NY
If you believe you have been wrongfully accused of murder or manslaughter, there are only a few viable defenses that may help you reduce your sentence or avoid a conviction. Self-defense is one of the most commonly cited defenses against murder and manslaughter charges in Queens. New York state law technically protects an individual who kills another person in self-defense. However, they must be able to prove that they did everything they reasonably could to avoid killing the other person and that the other person posed an imminent and credible threat to their life. Essentially, you are allowed to respond to impending deadly force from another person with deadly force of your own.
In some cases, it may be necessary to prove that you did not hold any malice aforethought in your actions. This can potentially mean the difference between facing a charge of murder in the first degree or a manslaughter charge, the latter of which will entail a lighter sentence. You may need to prove that you experienced a severe emotional disturbance that spurred your actions to negate any claims from the prosecution that you acted with malice aforethought.
Why You Need an Queens Murder & Manslaughter Attorney
Being accused of intentionally taking another person’s life is the most severe criminal charge you could ever face, and the penalties can potentially include many years or even life in prison. You need a Queens murder and manslaughter defense attorney who can help you explore every possible avenue of defense that is open in your case.
When you choose the Law Offices of Robert Tsigler, PLLC, to represent you in a murder or manslaughter case, we will conduct an extensive detail-oriented investigation of every aspect of your case. We understand exactly what is at stake in your proceedings and will do everything we can to have your case dismissed if at all possible. We will challenge the prosecution’s evidence and the credibility of their witnesses, and we will also work closely with you to gather exculpatory evidence and establish an alibi if possible. No matter what your murder or manslaughter case entails, you can rely on the team at the Law Offices of Robert Tsigler, PLLC, to provide comprehensive and compassionate defense counsel through every stage of your case.
Murder and manslaughter are some of the most severe criminal charges any person can face. Whether your case is unfolding in a New York state court or federal criminal court, you can rely on us to provide the legal representation you need. Contact the Law Offices of Robert Tsigler, PLLC, today for more information about the legal services we can provide in your murder or manslaughter case.
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