New York Murder
Being charged with murder is one of the most serious criminal charges that one can face. It is only natural that you would feel scared. If convicted of a murder charge in New York, a defendant will face years of prison time. In some cases, the defendant will spend the rest of their life in prison. Because of the seriousness of the charge and impact that a conviction will have on not only the defendant, but also the defendant’s family, if you or a loved one has been charged with murder, it is critical that you contact an experienced criminal defense lawyer at Stephen Bilkis & Associates. With nearly two decades of experience successfully defending clients charged with serious crimes, we are here to help.Murder Charges in New York
Under the New York Penal Code, there are 4 different classifications of murder: Murder, manslaughter, vehicular manslaughter, and negligent homicide.
- Murder: Murder involves the intentional killing of another person. In New York there are two degrees of murder: murder in the first degree and murder in the second degree. Under NY Penal Law § 125.27 you could be prosecuted for murder in the first degree if you commit premeditated murder, while the charge will be murder in the second degree if there is no evidence of premeditation, but evidence of intention or depraved indifference to human life. NY Penal Law § 125.25
- Manslaughter: You will face a manslaughter charges if you kills someone without intending to do so. For example, if you get into a physical fight with someone, you may want to hurt them, but you do not want to kill them. If the victim ends up dying during the fight, the charge you would face would be manslaughter. There are 2 manslaughter charges: first and second degree. Manslaughter in the first degree involves killing someone with the intent of causing physical harm while second degree involves recklessness. NY Penal Law § 125.15 and § 125.20
- Vehicular Manslaughter: If you kill someone while driving a vehicle, you may face a charge of vehicular manslaughter. As a New York murder defense lawyer will explain, whether you face a first or second vehicular manslaughter charge depends on factors such as whether you were intoxicated, whether your license of was suspended at the time, and whether a child was in the vehicle. NY Penal Law § 125.12 and § 125.13
- Criminally Negligent Homicide: You will face a charge of criminally negligent homicide if your careless or reckless behavior results in a death. This homicide charge results from NY Penal Law § 125.10
The penalties for being convicted of a crime related to killing another person range from 4 years in prison to life in prison. The major factors are:
- Whether the charge is murder, manslaughter, vehicular manslaughter, or criminally negligent homicide
- The degree of the charge
- Your criminal history
- Other aggravating or mitigating factors
One mitigating factor is being a survivor of domestic violence. Under the recently passed Domestic Violence Survivors Justice Act, an incarcerated survivor of domestic violence who was convicted of a crime such as murder, and the abuse was a significant contributing factor to their crime, can have their sentence reduced. To learn if you or an incarcerated family is eligible for resentencing, discuss your case with an experienced murder defense attorney in New York.Contact the Stephen Bilkis & Associates
If you face with a murder, manslaughter, vehicular manslaughter, or homicide charge, because each charge is a felony, you face the possibility of spending a significant amount of time in prison. It is critical that you have experienced representation. The staff at the Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with murder, manslaughter, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.