First-degree manslaughter in New York is classified as a Class B felony, which carries a more serious charge and sentence than the Class C felony second-degree manslaughter. Although manslaughter charges are far less severe than a murder charge, the difference is that someone who is convicted of murder killed someone with a definite intention to do so. Their intentions were to kill somebody, and they did. A manslaughter conviction, on the other hand, means that the offender killed someone but did not have the intention of killing anyone. They did so, though, by acting carelessly and recklessly, being negligent of their actions, or succumbing to the heat of passion. First-degree manslaughter charges necessitate a criminal defense attorney for an optimal outcome.
There are four conditions that can result in a first-degree manslaughter charge. These are described below:
- -Someone had an intent to physically harm someone but caused the person to die instead.
- -Someone means to kill someone, but instead, they kill a third party person instead, acting under extreme disturbance and emotional distress.
- -Someone performs an abortion on a pregnant person who is 24 weeks pregnant or more, and they die.
- -Someone puts a child who is younger than 11 years old in a situation with a substantial risk of them getting injured or hurt, and the child dies as a result.
Potential Defense for First-Degree Manslaughter
The ideal defense for first-degree manslaughter is to attempt to show that the defendant didn’t mean to cause serious physical injury (intent) or hurt the victim at all and that the victim’s death was a complete accident. The relative application of a strong defense will depend on the circumstances of the crime. If applicable, the following are appropriate criminal defense strategies that a manslaughter defense attorney might use to defend against first-degree manslaughter charges:
- -Self-Defense: If someone threatens you in a way that makes you act instinctively in self-defense, and you accidentally and inadvertently kill that person, you may have a legitimate defense.
- -Protection of Self or Others: If someone posed an immediate threat to you or other people in your close vicinity, and you acted to protect yourself or them and inadvertently killed them, you may have a strong defense.
- -Involuntary Defense: Because manslaughter in the first degree is voluntary, showing that you acted in an involuntary manner can at the very least get the charges reduced to second-degree manslaughter.
Penalties for Manslaughter in the First Degree
Manslaughter in the first degree is a Class B felony in New York. A conviction for this crime can result in a sentence maxed at 25 years in state prison. In addition, a substantial fine of up to $5,000 can be tacked onto the prison time. There are certain factors that can affect the sentencing of an offender. For instance, a judge will consider:
- -Whether the defendant has prior charges
- -What those prior charges are
- -If the defendant has previously committed the same crime, and if so, did the defendant express regret
Aggravated First-Degree Manslaughter
There are instances when first-degree manslaughter can be elevated to aggravated first-degree manslaughter. A conviction for aggravated first-degree manslaughter carries a prison sentence of 10 to 30 years. Instances that constitute an aggravated first-degree manslaughter charge have to do with the intent to physically harm or kill a police officer or peace officer while such officers are fulfilling their duties. Specifically, it involves causing their death as a result of such intentions and whether their behavior was dangerous or occurred while “under the influence of extreme emotional disturbance,” according to the New York Penal Code. This is oftentimes a down charge as part of a plea deal instead of a conviction for murder. For a murder charge to constitute manslaughter in the first degree, the defendant must have acted in the emotional moment that caused the disturbed state of mind that resulted in the death of someone else. In other words, the death of the victim cannot have happened at a later time
FAQs
Q: How Many Years Do You Get for First-Degree Manslaughter in New York?
A: A conviction for first-degree manslaughter in New York is a Class B felony with a maximum sentence of 25 years in state prison and up to a $5,000 fine. If the conviction is aggravated first-degree manslaughter, the minimum sentence is 10 years, and the maximum sentence is 30 years in state prison.
Q: What Is Manslaughter in the First Degree in New York?
A: In New York, charges of manslaughter in the first degree constitute the death of someone caused by the defendant, who killed the victim or another person due to their malicious intentions to cause physical harm or kill the victim. The behavior that caused the death may be due to emotional distress or reckless and irresponsible behavior.
Q: What Needs to Be Proved for Manslaughter?
A: To prove voluntary manslaughter, the prosecution must prove beyond a reasonable doubt that the defendant was provoked to severely harm or kill the victim due to the heat of passion. They must prove that the defendant acted like any average person would have acted in the same situation to justify a heat-of-passion killing.
Q: What Is the Difference Between First-Degree Manslaughter and Second-Degree Manslaughter?
A: First-degree manslaughter occurs when someone intended to injure someone severely or harm them severely but instead ended up killing them. Second-degree manslaughter happens when someone acts with intentional reckless behavior and unintentionally kills someone in the process. The main difference lies in the intent, or lack thereof, behind the offense.
Get Legal Advice From a Reliable New York First-Degree Manslaughter Attorney
If you have been charged with first-degree manslaughter, contact the Law Offices of Robert Tsigler, PLLC, and discuss your case with one of our criminal defense attorneys. We are a different type of law firm than others in New York and have a unique commitment to helping all our clients throughout their entire case, no matter what their charges. Also, if you have been charged with murder, and believe that you should be down-charged with manslaughter in the first degree, contact our offices today.
