Staten Island
Homicide, Murder & Manslaughter
Defense Lawyer
Providing Defense Counsel for Homicide, Murder and Manslaughter in Staten Island, NY
Why Do I Need a Staten Island Homicide, Murder & Manslaughter Defense Lawyer?
Every American citizen has the right to legal representation when they are charged with a crime. Your defense team can help you gather exculpatory evidence if you have been wrongfully accused or acted in self-defense. It may also be possible to plead to lesser charges if you did commit the killing in question, but the prosecution has mischaracterized your actions. Ultimately, a criminal defense attorney can provide the best possible defense in this situation.
Understanding Murder and Manslaughter in New York
The words “murder” and “manslaughter” are often conflated. New York state law defines different levels of these offenses, each with varying penalties for conviction. One of the most critical factors in discerning murder from manslaughter is “malice aforethought,” or whether the offender knew their actions would likely result in the victim’s death. Premeditation, or planning the act in advance, is another critical factor:
- First-degree murder is the most serious homicide charge you can face. This charge describes the intentional and premeditated killing of another person. This charge may also apply if an individual kills another person while committing another crime, even if they did not originally intend to kill the victim.
- Second-degree murder is commonly referred to as a “crime of passion.” This applies when the offender kills another person intentionally but did not plan or expect to engage in this behavior. For example, a person returns home from work to find their spouse in bed with another person and kills them. They knew their actions would result in the victims' deaths but did not plan the event, so this incident would likely result in two counts of second-degree murder.
- Voluntary manslaughter is very similar to second-degree murder. The main difference is that in a second-degree murder situation, the offender engaged in their actions intentionally and knew their actions would result in the victim's death. In a voluntary manslaughter case, the offender intentionally engaged in harmful acts against the victim but did not intend to kill them.
- Involuntary manslaughter applies when an individual kills another person through gross negligence or criminal negligence. If a person engages in behavior that demonstrates a clear disregard for the safety of others and kills someone else, they will likely face involuntary manslaughter charges.
- Vehicular manslaughter is a special criminal charge reserved for situations involving drivers killing other people with their vehicles. In the event a driver does so intentionally, they will likely face first-degree murder charges. However, if the killing was unintentional and caused by criminal negligence, the offender will face vehicular manslaughter charges.
Defending Yourself in a Murder or Manslaughter Case
Your Staten Island murder and manslaughter defense attorney will help you determine the best available defenses to the charges you face. For example, if you acted in self-defense, your attorney could help you gather the evidence you will need to prove the truth of the situation. New York state law upholds that self-defense is a viable defense against murder or manslaughter charges, but only if the accused can prove that they did everything they possibly could to defuse the situation and avoid the death in question before taking lethal action. Alternatively, they must prove that the deceased posed an immediate deadly threat, and they had no choice in the matter.
It may also be necessary to disprove malice aforethought to avoid the most serious penalties your case could entail. For example, if you are accused of murder in the first degree but did not plan to kill the victim, your attorney can help you prove that your actions were a crime of passion and not a premeditated killing.
Murder charges could lead to decades behind bars before you have a chance of securing parole, and manslaughter charges could also lead to many years in prison. The financial penalty for murder and manslaughter charges can also financially ruin you. If you face any type of murder or manslaughter charges in Staten Island, NY, it is imperative to secure legal counsel as soon as possible.
If you are ready to start building your defense with the help of a reliable Staten Island murder and manslaughter defense attorney, contact the Law Offices of Robert Tsigler, PLLC, today. Our team can review the charges against you and help you craft the best possible defense.
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