Of all the crimes that would require criminal defense, murder is obviously the most serious. However, in New York, it is not simply whether you killed someone that determines your charge and possible conviction. Other factors must be taken into consideration, such as intent to kill for murder and in some cases of manslaughter. In addition, whether the person you allegedly killed is a police officer or other peace officer may result in first-degree murder, aggravated murder, aggravated negligent homicide, or aggravated manslaughter charges. Consider the following categories and their subsets for further clarification.
How to Differentiate Between Murder, Manslaughter, and Homicide Charges
If you have been accused of killing someone and convicted, you could face anywhere from a few years in prison all the way up to a life sentence, depending on the circumstances. It depends on the charge classifications and their respective subsets of categories. What sets murder apart as the most serious crime is the fact that it involves having an intent to kill and not just an intent to seriously injure, as with first-degree manslaughter. First-degree manslaughter can also often involve an intent to kill, but only if under extreme emotional distress or disturbance. In general, New York has three types of murder charges:
- Murder in the First Degree
- Murder in the Second Degree
- Aggravated Murder
However, with regards to manslaughter and homicide, the circumstances surrounding the charges are slightly different from those with murder. Depending on the case, the charges could be one of any of the following:
- Manslaughter in the First Degree
- Aggravated Manslaughter in the First Degree
- Manslaughter in the Second Degree
- Aggravated Manslaughter in the Second Degree
- Criminally Negligent Homicide
- Aggravated Criminally Negligent Homicide
- Vehicular Manslaughter
- Vehicular Manslaughter in the Second Degree
- Vehicular Manslaughter in the First Degree
- Aggravated Vehicular Homicide
Contact a Brooklyn Criminal Defense Lawyer
If you are accused of murder or another homicide charge, you need to hire a knowledgeable, experienced New York criminal defense attorney. Depending on the circumstances of your case, your lawyer might be able to develop comprehensive strategies that aim for your acquittal. For instance, recently, JOEY JACKSON LAW, PLLC, was able to use a theory of “Depraved Negligence” to acquit a client of murder. Call JOEY JACKSON LAW, PLLC today at 833-563-9522 to learn what he and his team can do for you.
Sources:
http://ypdcrime.com/penal.law/article125.htm#p125.00
https://www.diffen.com/difference/First_Degree_Murder_vs_Second_Degree_Murder
https://www.encyclopedia.com/science/encyclopedias-almanacs-transcripts-and-maps/murder-vs-manslaughter