“Homicide” is a commonly misunderstood legal term in New York. This term is a general legal term that defines the killing of another person, but it is often conflated with related terms like “murder” and “manslaughter.” While the former is a general term that can apply to any situation in which one party takes the life of another, the latter terms are more specific, related to how a life was taken.
Suppose you or a loved one faces any homicide charge in New York. In that case, it is essential to understand the legal terminology in play and the value of defense representation as you navigate a challenging criminal case. If convicted for any homicide in New York, the defendant could face many years in prison, civil liability for a wrongful death claim from the victim’s family, and related criminal charges based on how the death occurred. The Law Offices of Robert Tsigler, PLLC, can provide the comprehensive criminal defense counsel you need in this challenging situation.
Murder Vs. Manslaughter in New York
If you are faced with a homicide charge after taking another person’s life in New York, the charge itself will vary based on how the death occurred and your actions leading up to the death. Many people mistakenly believe that “murder” and “manslaughter” mean the same, but this isn’t true. The main difference between these terms is intent. If you intended to kill another person and planned the act, you would likely face a murder charge. On the other hand, if you accidentally killed someone or took another person’s life in the heat of the moment without planning the act at all, you would likely face a manslaughter charge.
Both murder and manslaughter charges in New York carry severe penalties upon conviction. First-degree murder carries the most significant penalties, and it is also possible to face a lengthy jail sentence and other penalties for voluntary manslaughter. Accidentally killing another person generally leads to a much lighter sentence, and the defendant must prove they had no intent to harm the victim and that the death occurred entirely by accident or due to negligence, inattention, or carelessness. It’s important to remember that if you accidentally kill someone in New York, you may face a lighter criminal penalty than you would for murder or voluntary manslaughter, but you would still face civil liability if the victim’s family filed a wrongful death claim against you.
FAQs
The Law Offices of Robert Tsigler, PLLC, have a strong reputation as a leading criminal defense firm in New York City, and we have successfully represented many past clients in homicide cases stemming from various situations. The following are some of the most common questions our team hears from clients and prospective clients regarding the homicide laws of New York. If you are involved in a homicide case, review these questions and our answers to learn more about the legal implications your situation may have.
Q: What Is the Legal Penalty for Homicide in New York?
A: The penalties for homicide in New York are pretty severe, and your punishment will hinge on whether you intended or planned to kill the victim in question. Depending on the exact nature of the homicide charge, the defendant could face several years to life in prison, heavy fines, a loss of their constitutional rights, and other penalties. On the other hand, a lesser charge of homicide such as involuntary manslaughter may still lead to jail time and fines as well as civil liability for wrongful death.
Q: What Defines First-Degree Murder in New York?
A: First-degree murder is the most severe homicide charge a person can face in New York. This charge defines the intentional and premeditated killing of another person. This means the defendant intended to take the victim’s life and planned the act. If they did not directly intend to kill the victim but demonstrated “depraved indifference to human life” in their actions, they may face a second-degree murder charge. When a person kills someone in the heat of passion or without premeditation, but they knew their actions would be lethal, this constitutes voluntary manslaughter.
Q: Are There Any Legal Defenses Against Homicide Charges?
A: The most commonly claimed defenses in homicide cases include self-defense and lack of lethal intent. If you are charged with murder but did not intend to kill the victim, your defense counsel can have your charge reduced to manslaughter. If you acted in self-defense, you must prove that you had no way to retreat from the situation and that the force you used was justifiable in the situation in question.
It’s understandable to have many questions about New York’s homicide laws if you or a loved one faces a homicide charge in New York City. A conviction can potentially mean spending the rest of your life or several decades in prison. If your case involves additional charges such as sex crimes, theft, or drug offenses, you face an even more difficult situation. Reliable defense representation is the most critical asset to have on your side in this situation.
What Can a Defense Attorney Do in a Homicide Case?
The Law Offices of Robert Tsigler, PLLC, have a solid track record of successful defense cases involving homicide charges. While some people, unfortunately, do take lethal actions against others unjustifiably, others are wrongfully charged with murder or manslaughter for acting in self-defense or when they did not have any harmful intent. As a result, your criminal defense lawyer can potentially mean the difference between spending the rest of your life in prison and resolving the case with minimal possible penalties.
Suppose you are unsure how to respond to an arrest on a homicide charge. In that case, you must exercise your constitutional right to legal counsel and hire a criminal defense attorney as soon as possible. The Law Offices of Robert Tsigler, PLLC, can provide the representation you need and help you approach your criminal case with greater confidence. Contact us today to schedule a case evaluation with our team and find out how to assist with your homicide case.
