NYC
Homicide, Murder &
Manslaughter
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New York Murder Defense Lawyer

New York Homicide, Murder & Manslaughter Defense Attorney

Facing an Arrest? Call the Law Offices of Robert Tsigler, PLLC.

A Reputation for Results in Serious Cases

Murder and manslaughter are among the most serious crimes possible in any jurisdiction. In the state of New York, convictions can result in severe penalties ranging from 15-25 years of incarceration, life sentences, and even the death penalty. If you or someone you know has been charged with murder or manslaughter, it is essential that they speak with a New York criminal defense attorney as soon as possible.

Homicide Charges in NYC

Homicide is a blanket term which covers a wide range of situations related to actions or inaction which result in the death of another. There are many degrees and classifications between these crimes which are determined based on the intention of the accused, the motives behind their actions, and the means in which a murder was carried out. All homicide charges require the services of a New York criminal defense lawyer.

In the state of New York, the following homicide charges are possible:

Murder in the 1st Degree: This homicide charge results from the planned killing of another with premeditated intention
Manslaughter in the 2nd Degree: This homicide charge refers to a death caused during another criminal act but without premeditation or specific malefic intent.
Manslaughter in the 1st Degree: This homicide charge refers to an accidental killing which occurs as a result of intentional choices to injure or otherwise cause harm. It can also refer to the death of someone while attempting to murder a third party.
Vehicular Manslaughter in the 2nd Degree: This homicide charge results from the unintentional killing of someone while violating state traffic laws or driving under the influence of intoxicants whether drugs or alcohol.
Vehicular Manslaughter in the 1st Degree: This homicide charge results from the death of someone by violating state traffic laws with a suspended license at the time of the crime.
Criminally Negligent Homicide: This homicide charge results from careless or reckless behavior which leads to a death.
Aggravated Criminally Negligent Homicide: This homicide charge results from careless or reckless behavior which leads to the death of a police officer while they were performing official duties.

NYC Homicide Attorney

While most people think that any kind of homicide is a crime, there are some instances where it’s not considered a crime. An example would be self-defense as long as there is enough evidence to show that you committed the act because you were in fear for your life. However, most of the time, homicide is considered murder. If you are charged with homicide, then it’s important to contact an attorney who can devise a strong defense for your trial. If enough evidence can be presented in court, then the charges could be reduced or dismissed. Your attorney should be one who specializes in criminal defense so that you spend as little time in prison as possible if you are convicted of homicide.

In order for you to be charged with homicide, there need to be elements of negligence and intent involved in the act. There are several different levels of homicide including manslaughter up to first-degree murder. Manslaughter is the killing of another person without an intent to kill that person while first-degree murder involves careful planning to kill another person. The difference between the two is that one is done in an accidental manner without a clear intent while the other is done after thinking about the action and having a clear victim in mind. The possible sentences for homicide will vary depending on the exact crime that you are charged with and your criminal history. The type of victim can also play a part in your sentence as the killing of a police officer or another type of law enforcement official carries a longer sentence than killing a next-door neighbor.

For some homicide charges, there are states that will initiate the death sentence or life in prison compared to some states that only use the death penalty for homicide convictions. There are also states that have special psychiatric centers where people can stay for the duration of their sentence if they present with a mental illness. These are reasons why it’s important to find an attorney who has your best interests in mind and who will work to present as much information and evidence as possible so that you spend as little time in prison as possible and so that you aren’t met with the death penalty.

There are a few defenses to first-degree murder that can be presented. The first is to try to show that the prosecution has the wrong person on trial and that someone else committed the crime instead of you. Another common defense is that you committed the crime but did so in an act of self-defense. You would then need to have evidence that points to an act committed against you that made you fear for your safety, such as someone entering your home. The insanity defense can also be used in court if you can prove that you acted out of mental anguish or that you didn’t know what you were doing at the time. Any health records that can link a mental disorder can be beneficial as well.

If you are convicted of homicide and you are unable to use an insanity defense or another type of defense that would result in time not spent in prison, then your attorney can appeal in order to buy you a bit more time to find other evidence. Some states use both the death penalty and life in prison depending on the criminal history and the nature of the crime. Someone who kills multiple people at once or who uses explosive devices would likely be sentenced to death compared to someone sentenced to life who killed only one person in a car accident.

Call the Law Offices of Robert Tsigler, PLLC

At our firm, we know that time is of the essence. This is why we are available 24/7 to guide you through your entire case. Our New York murder defense attorney provides honest defense solutions to help you get results.

Directly causing the death of another person is homicide. The manner of homicide can vary from physical attacks to lethal poisoning. Taking the life of another person under New York law is subject to charges of homicide, which has various categories including manslaughter and murder.

Degrees of Murder

The most serious homicide offenses are first and second degree and aggravated murder. First degree and second degree murder relates to the killing of another individual that was either planned or premeditated or the result of recklessness and depravity of human life. Second degree murder can most accurately be described as the middle ground between first degree murder and voluntary manslaughter. Aggravated murder is in its own category and relates specifically to the killings of people who are employed in law enforcement, emergency response or corrections. You can also be charged with aggravated murder if you kill someone who is 14 years old or younger in a particularly aggressive and cruel manner. New York penal code § 125.26 is used when charging a person who had the intent to kill another individual and the victim was a law enforcement or corrections officer, paramedic, physician or person under the age of 14.

Example

George is currently serving a lifetime prison sentence for first degree murder; one night, a riot breaks out in the jail. As corrections officers storm the room, George tackles one to the ground, assaults and strangles him to death. George is eventually subdued by other officers and will be charged with aggravated murder of a correctional facility worker.

Defenses

The primary defense for aggravated murder is emotional disturbance. In order for this argument to be valid, you would have to demonstrate that you were under extreme emotional duress at the time of murder and acted on circumstances with a reasonable explanation. Failure to adequately justify the emotional distress will result in a failed defense; proof of extreme emotional distress that resulted in murder does not mean you won’t be charged at all. Instead, you may be charged with manslaughter.

The purpose of a murder defense is not to completely deny allegations when there is evidence you committed the crime. Instead, your defense argument should focus on demonstrating the just cause for homicide. Self-defense, for example, is a reasonable argument, but it does not completely justify murder.

A realistic murder defense should seek reduction in the severity of the charges or lesser jail time rather than complete exoneration.

Jail Sentence

Aggravated murder is a class A-1 felony, which is the highest degree a criminal can be persecuted.

In many cases, class A felonies would be qualifications for the death penalty, but New York abolished capital punishment in 2007. As an alternative, people who are charged with a class A-1 felony are subject to a lifetime sentence without the possibility of parole.

How a NYC Homicide, Murder & Manslaughter Attorney Can Help

If you’re facing charges of aggravated murder in the state of New York, working with a Federal crimes attorney can help you reduce your sentence or have the charges dropped altogether. People have a right to a lawyer from the state, but choosing your own defense attorney demonstrates responsibility. Working with a criminal defense lawyer can help you formulate and present a much more sound argument; defense lawyers understand the legal system and potential defenses for various crimes including murder. Time is of the essence in criminal defense cases, and working with an attorney can have your sentence reduced or dropped. Even if you’ve confessed to aggravated murder, a criminal lawyer can help you lower your sentence or become eligible for parole. New York Penal Law § 125.27: Murder in the first degree If there is any kind of intent behind the killing of another person, then you can be charged with first-degree murder in New York. You will notice that there is more than one offense related to the killing of another person according to the laws that are stated. First-degree murder is the most serious charge and often requires the assistance of an attorney so that you understand your rights and so that the proper defenses can be used in the courtroom setting. Each murder charge that is listed in the state, such as first-degree or second-degree, carries a felony charge. When you go to court, you could be convicted of the crime of murder. This means that you could be sentenced to spend the rest of your life in prison. There are a few different components that are a part of being charged with first-degree murder. You could be charged with first-degree murder if you intentionally killed a police officer or another member of law enforcement. The killing could have involved that of a firefighter or another emergency responder who was responding to provide assistance in an emergency situation. You can be charged if you had intent behind the killing of an employee of a correctional facility or caused the death of someone who was a witness to a crime and you wanted the person not to be able to testify. First-degree murder can be charged if you committed the killing during the commission of a felony crime or if you killed another person for profit. If you’ve been convicted in the past of killing someone in the second degree, then you can be charged with first-degree murder if you have intent behind another killing. Two men kidnap a woman and ask for a ransom in the amount of $500,000. One of the men hits the woman on the head so that she can’t leave. The woman dies because of the injuries received from the wound. Since the men committed the crime of first-degree kidnapping and the woman died while they were in the commission of the crime, they would also be charged with first-degree murder. They key to first-degree murder is that there has to be intent behind the killing of the other person. If there is no clear intent to kill the other person or there was no other crime in progress, then you likely won’t be charged with first-degree murder. However, if the victim was a member of law enforcement or another government agency, then you could be charged with the crime even if there was no clear intent to kill the person. A common defense that your attorney could use in court is self-defense. You would have to prove that you were in fear for your life and that you were trying to defend yourself from another person with the only option being the killing of the other person. If the killing was not intentional but accidental, there are a few other defenses that your attorney could use in court to show that you had no plans to take the life of another person. Sometimes, if you kill another in the heat of the moment, then you could be charged with second-degree murder or a lesser charge depending on the circumstances. In New York, murder is considered a class A-I felony. Even if you receive the minimal sentence for murder, you could still face up to 40 years in prison. Life in prison is at the far end of the sentencing options. If you are charged with first-degree murder, it’s important to contact an attorney as soon as possible who can prepare the best defense for you.

Our office offers a confidential initial consultation. Reach us at 718-878-3781.

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Why Your Case Is Special

If you were wrongly accused of committing a crime in the state of New York, then you want to get a lawyer that is going to fight for your rights. You want a lawyer that will hear you out, and get you the results that you deserve.

What Kind of Cases Does Robert Tsigler Handle?

Robert Tsigler is a well respected and award winning criminal defense lawyer who has been able to help thousands of people win their criminal cases. Robert Tsigler and his team are experts in the following fields: immigration, domestic violence, drug crimes, murder & manslaughter, sex crimes, weapons possession, and white collar crimes. The number one objective of the offices of Robert Tsigler is to help clients to win their case. Since they have experience with all type of cases that are difficult and complex, they know exactly what to do in order to help you to get the best results. If you or a family member have been accused of a crime, the best thing for you to do is to get in contact with a trustworthy law firm. Robert Tsigler and his team work on each case individually, and they listen to each one of their clients. This is a team that wants to get all of their client’s charges reduced or dismissed. This firm does not just take any case, but they are selective about the number of cases that they take each month.

How to Get Started with Robert Tsigler

Robert Tsigler offers a risk free consultation to all potential clients. The fees that are charged are highly reasonable as well, and they also offer payment plans. During the initial consultation, this firm answer any and every question that clients may have. Robert Tsigler and his team discuss all of the aspects of the case and the possible repercussions. The Tsigler team helps clients to learn how to fight against their accusations, and they investigate all of the possible ways to get the case dismissed. At the firm of Robert Tsigler, they realize that time is of the essence, so they have 24/7 availability. The Robert Tsigler team makes sure to return all of their emails and calls within hours, and they have results that are completely and totally unbeatable.

Who is Robert Tsigler

Robert Tsigler is an individual who has lived in New York for all of his life. He works in courts in New Jersey, New York and an all throughout the United States. Robert Tsigler works with civil and criminal law, and he has been able to help in the prosecution of hundreds of different cases. Robert Tsigler graduated from the University of New York with a bachelors in Arts of Criminal Justice and Psychology. Tsigler also received his Jurist Doctorate from The New York Law School. Robert Tsigler has received the following awards and honors: The National Trial Lawyers Association, The National Academy of Conference Attorneys: Top 10 under 40, Super lawyers 2017, and The American Institute of Legal Counsel: 10 Best Attorneys of 2017. Robert Tsigler is a person who has been able to gain the respect and trust of thousands of individuals. He is a well known name because of all of the time and effort that he has put into each and every one of his cases. Robert Tsigler does not stop until he is able to get his clients what they deserve; that is the reason why he is an award-winning lawyer.

The Murder Defense Law firm of Robert Tsigler, PLLC is Ready to Fight for You!

Getting representation as soon as possible following any Murder Defense-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced New York Murder Defense lawyer can successfully defend your case.

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