New York City Second-Degree Manslaughter Lawyer
It should come as no surprise that prosecutors and the NYPD take homicide cases extremely seriously. They are usually investigated by the most competent detectives and handled by the most seasoned and experienced prosecutors. Consequently, whenever a person is charged with any homicide charge, the case must be given appropriate consideration. If you have been accused of this offense, speak with a New York City second-degree manslaughter lawyer.
When is Second-Degree Manslaughter Charged?
In New York, the most common situation in which a prosecutor charges Manslaughter in the Second Degree is what is referred to as a “Reckless Homicide.” What this means is that the prosecutor is not required to prove that the person actually intended to kill anyone, they just need to establish that the person’s conduct was so reckless that they knew, or should have known, that their actions caused a substantial risk of death, they acted anyway, and their actions led to a person dying.
Rather than establishing an intent to kill another person, these types of cases are often decided by whether or not the prosecutor can establish that the circumstances surrounding the individual’s conduct were so inherently risky that there is no way that the person can reasonably claim they did not know someone would die. The most classic example of Manslaughter in the Second Degree is a person pointing a loaded gun towards a crowd of people and firing. Even if the shooter did not intend for any specific person to die, a prosecutor can argue that they knew that there was a substantial likelihood that their actions would result in a death.
But the reality is that most scenarios are not as clear as a person firing a gun into a crowd. Consequences are frequently unforeseen, or at least not readily predictable, and just because something tragic happens does not necessarily mean that the person who caused it had reason to know it would. One of our attorneys in New York City could explain someone charges if they were accused of manslaughter in the second degree.
Defenses for 2nd Degree Manslaughter
Frequently, the strongest defense to these types of cases is that while the individual does not contest that they are the person whose actions caused another to die, there is simply no way that they could have predicted that result. Under the law, a person cannot be found guilty of Manslaughter in the Second Degree if no reasonable person would have expected that what they did would cause somebody to die. Accidents happen, it is an unfortunate fact of life, but it does not mean that a person needs to spend significant time in jail for an unlikely and remote event. Our attorneys in New York City could help someone build a defense against their 2nd-degree manslaughter charges.
Our office has represented a physician who was charged under this statute when a patient passed away a few hours after being discharged following an outpatient surgical procedure. Despite the fact that the patient lied on the medical history form and did not disclose pre-existing conditions which significantly increased the risk of the surgery, and which likely caused the complications the patient experienced, the prosecutor determined that the act of discharging the patient was so reckless that the physician knew, or should have known, that there was a substantial risk that the patient would die as a result. In addition to the stress of worrying about potentially being incarcerated, the physician lost his medical license, and with it, his livelihood. Physicians, their assistants, nurses, and other medical personnel who are tasked with providing aid to the sick and injured in a fragile state need to be cognizant that their lives can be utterly devastated by what a non-medical professional – the prosecutor – determines to be reckless medical care.
Manslaughter in the Second Degree is a class C felony, punishable by up to 15 years in an upstate prison. This is a considerable amount of time to potentially spend behind bars for a death that may have been nothing more than a tragic accident.
Consequences of a Conviction
Manslaughter in the second degree is a serious criminal offense in the State of New York. It is treated as a Class C felony, and while this is not the highest tier of felony, being found guilty can lead to a period of incarceration that lasts for years.
Anyone found guilty of manslaughter in the second degree can face a prison term of up to 15 years. Because this is a violent offense, there is also a minimum sentence of 3.5 years. Any amount incarceration in prison can dramatically impact a person’s life—as well as the lives of their family.
In addition to incarceration, there are other penalties to contend with. The accused could face monetary fines of up to $5,000. On top of jail time and fines, collateral consequences that are not directly related to the conviction can also come into play, like losing a job, being forced to give up a professional license, or facing deportation proceedings through the immigration system.
Manslaughter vs. Criminally Negligent Homicide
While this offense is often confused with criminally negligent homicide, it is important to understand the distinctions between the two. Negligent homicide occurs when a person’s death is caused by a careless, inattentive, or reckless act by another. There are also situations where a person can be charged when they recklessly fail to act, if they were obligated under the law to do so. This differs from manslaughter in that it does not allow for intentional acts that occur in the heat of passion.
How a New York City Lawyer Can Help
There are few types of allegations more serious than those involving the death of another person. Even in cases where that death was accidental, a criminal charge could have an impact on a person’s life for years to come.
Thankfully, no one has to face a criminal arrest on their own. In this scenario, a New York second-degree manslaughter attorney can help in a variety of ways. Their involvement can be useful during every stage of the process, from immediately after the arrest until the day of trial. Some of the ways legal counsel can help include the following.
Investigating the Allegations
A strong defense starts with a comprehensive investigation. Before an attorney can move forward with developing a strategy or reviewing evidence, they first need to have a clear understanding of what happened. This can set the stage for interviewing witnesses and challenging evidence later in the case.
Developing a Defense Strategy
There are different defense strategies available in second-degree manslaughter cases, and finding the right one is not always easy. Once the investigation is complete, a criminal defense attorney can review all of the options before deciding on an approach.
Negotiating a Plea Bargain
If the state likely has enough evidence to secure a conviction, the best option might be negotiating a plea bargain. In some cases, this can result in getting the state to agree to a lesser offense. An attorney can negotiate with the prosecution to get the best possible deal.
Taking the Case to Trial
While many people ultimately plead guilty to this crime, there are times when the best possible outcome is going to trial. An attorney will handle every aspect of litigation, from selecting a jury to introducing evidence, and there is no point where the support of strong legal counsel is more important than during a trial.
Speak with a New York City Second-Degree Manslaughter Attorney
If you have been charged with taking someone’s life, hiring a top New York City second-degree manslaughter lawyer must be your immediate priority. It is important to retain an attorney who can analyze the circumstances which lead to the death, and can then articulate to a prosecutor or a jury how no reasonable person could have predicted the outcome. Having a clear, concise, and easily understood narrative of the events, with a strong focus on how remote the possibility of death was and how no reasonable person would have expected it, can be the difference between walking out the front door of the courthouse with your freedom, or being taken out the back door to the bus leading upstate.
At the Law Offices of Jeffrey Lichtman, our experienced New York Homicide and Manslaughter attorneys have successfully handled a wide variety of scenarios leading to individuals being charged with Manslaughter in the Second Degree. We know how to examine every angle of a situation, and emphasize the aspects which show just how improbable a death would be. Call us today for a free case evaluation.