New York City First-Degree Manslaughter Lawyer

Manslaughter in the First Degree is only one step down from murder in New York City. As a result, the stakes are high, and the penalties are harsh if a person is convicted. According to New York Penal Law §125.20, Manslaughter in the 1st Degree is a class B felony, punishable by up to 25 years in an upstate prison.

Therefore, losing the case is not an option and every waking moment should be spent working on the defense with a New York City first-degree manslaughter lawyer. The seasoned homicide attorneys at the Law Offices of Jeffrey Lichtman can provide this help and advise you throughout the criminal justice process.

How Can Someone Face First Degree Manslaughter Charges?

There are two common ways that individuals can be charged with Manslaughter in the First Degree, and while they are predicated on the same result – someone was killed – they present very different scenarios. One involves intentional physical injury, while the other is based on an emotional reaction. While neither involves premeditation to kill, the differences are extremely important because, depending on the prosecutor’s theory of the case, they will be required to prove different elements.

Understanding those elements, and how to show that the prosecutor has failed to meet their burden of proof as it relates to them, is the key to winning these cases. Our criminal defense attorneys can prepare defenses for first-degree manslaughter charges based on the circumstances of the individual’s death.

1st Degree Manslaughter Charges as a Result of Physical Injury

In the first scenario, a person intends to cause serious physical injury to another individual, but rather than just getting hurt, that person ends up dying as a result. Generally speaking, prosecutors will charge Manslaughter in the First Degree instead of murder when they do not believe they can show that the individual actually intended to kill the other person, just that some sort of physical harm was desired. The most classic example of this occurs when two people get into a fight, and during the altercation, the defendant pushes the other person, causing that person to lose their balance and slam their head into a blunt object, lose consciousness, and bleed to death before help can arrive. The prosecutor would have difficulty showing that the defendant intended to kill the other individual by merely pushing him.

But this theory of Manslaughter in the First Degree does not have that element of intent. The prosecutor can charge the individual if they can show that there was intent to cause serious physical injury, which they can argue is demonstrated by the fact that there was a fight, and that the person died as a result. A lawyer in New York City could help someone accused of 1st degree manslaughter as a result of an intent to cause physical injury.

What is a “Crime of Passion” Killing?

The second situation where a person can be charged with Manslaughter in the First Degree is commonly referred to as a “crime of passion” killing. When some circumstance occurs, which makes a person so emotional that they snap and kill someone because of that hyper-emotional state of mind, they will be charged under this statute rather than murder. The most common example of this theory occurs when a person comes home and finds their spouse or partner in bed with another person, they become enraged and, unable to control their anger at catching their partner in the act, kill both people.

Even though the intent to kill is present, the totality of the circumstances is determined to warrant a mitigation down from murder to Manslaughter in the First Degree. It should be noted, however, that in order for this mitigation to apply, the defendant must act while still in that emotional state. If the person in the example listed above came home and found their partner in bed with someone else, but did not confront that person right then, but planned a revenge killing to take place the following week, the prosecutor will charge murder because a “cooling off” period had occurred where the defendant is considered able to regain control of their actions and make the decision not to commit homicide. A lawyer in New York City could help someone accused of a crime of passion fight charges for manslaughter in the 1st degree.

Consequences of a First-Degree Manslaughter Conviction

Sentencing in New York criminal cases can be a complicated process. While first-degree manslaughter is treated as a Class B felony, the specific sentencing range depends on a few factors like whether there are previous convictions or if drugs are involved.

Because manslaughter is a non-drug related felony, a conviction for a first-time offense can lead to a minimum of five and a maximum of 25 years in state prison. Depending on their previous criminal history, a person with past violent convictions could face a minimum of 10 years in prison.

There are other consequences to be aware of too, including the possibility of steep monetary fines or probation. In addition to the penalties written into the statute, there is also the risk of collateral consequences.

Collateral consequences are negative outcomes that follow a manslaughter conviction, even though they are not handed down by a judge. Having a violent felony conviction can make it difficult to find employment or housing. It can also impact anything from immigration status to child custody hearings.

Potential Defenses in First-Degree Manslaughter

Facing allegations of first-degree manslaughter can be overwhelming for anyone given the serious consequences of a conviction. There are ways to obtain a favorable outcome in first-degree manslaughter cases, especially with the help of a New York City attorney. The right strategy could make all the difference.

There are different ways to approach these cases, depending on the facts. Because there is no one-size-fits-all approach that is guaranteed to work, it is necessary to consider all possible options. Some common approaches include the following.

Lack of Evidence

The most basic way to fight these charges is to argue that the state has not provided enough evidence to make its case. Prosecutors are required to prove their case beyond a reasonable doubt, and this high burden is not always easy to meet. Instead of offering an alternate suspect or theory, a criminal defense attorney might point to the evidence laid out by the state and argue that there is not enough for a conviction beyond a reasonable doubt.

Mistaken Identity

Police officers are human, and humans make mistakes. Even in serious cases involving the loss of life, law enforcement are not immune to making errors that lead to the wrong person being arrested. It is not uncommon for arrests to occur when there is limited information regarding the culprit. If the police rush to make an arrest, it might be possible to challenge the identification of the accused.

Self-Defense

Another common strategy in these cases is self-defense or the defense of others. A person has the right to use force to protect themselves or someone else from the imminent threat of harm. In cases where that threat is potentially deadly, it is legal to use lethal force. This strategy applies even in cases where the state can meet all of the elements of manslaughter. In addition to protecting themselves, the accused could be acquitted if they show they were acting to protect someone else regardless of their relationship to that person.

Accident

First-degree manslaughter in NYC is a crime of intent. That means the prosecution has to show that an intentional act resulted in another person’s death. If the death was an accident, this charge is not appropriate. It is worth noting that negligently causing the death of another individual might not be first-degree manslaughter, but it could qualify as another criminal offense.

Contact Our New York City First-Degree Manslaughter Attorneys

If you have been charged with New York City Manslaughter in the First Degree, you need to immediately retain a top defense attorney. Being represented by an attorney who understands the prosecutor’s theory and how to expose the weaknesses in their case could easily become the difference between freedom and incarceration. Every single possible defense must be explored to determine the strongest argument to present to a prosecutor or a jury.

At the Law Offices of Jeffrey Lichtman, our experienced New York City first-degree manslaughter lawyers have successfully handled countless cases concerning both of the scenarios that lead to a person being charged with this offense. We thoroughly investigate every angle, scour medical records and autopsy reports, and tirelessly work to expose witness bias and credibility issues for all prosecution witnesses. We will ensure that your rights, and your liberty, are protected. Call us today for a free case evaluation.