Long Island Homicide Lawyer Aggressively Fighting to Protect Your Future
It’s never wise to take criminal charges lightly—especially if you are accused of killing someone. Homicide charges are the most serious criminal charges that you can face in the state of New York. A conviction can lead to grave penalties, including life in prison.
The homicide laws in New York are complex. If you are accused of causing someone else’s death, the state may charge you with a number of crimes, including:
- First-degree murder
- Second-degree murder
- First-degree manslaughter
- Second-degree manslaughter
- Criminally negligent homicide
- Aggravated criminally negligent homicide
There is no time to waste in any of these cases—seek legal guidance from experienced homicide attorney Gianni Karmily right away.
What is First Degree vs. Second Degree Murder in New York?
Murder is the crime of killing another person. The degree of murder that you are charged with will depend on the nature of the crime. Second-degree murder occurs when someone is killed and certain factors are present in the crime, such as:
- The victim’s death was caused by the defendant’s reckless conduct and indifference to human life, or
- The victim was killed while the defendant was attempting to or committing certain felony crimes, such as kidnapping, arson, or burglary
The crime is increased to first-degree murder when certain aggravating factors are present, including:
- The victim was a police officer, peace officer, firefighter, emergency medical technician, ambulance driver, paramedic, physician, nurse, or correctional facility employee who was performing their job duties at the time of their murder, or
- The defendant was in a state correctional institution or had escaped from a state correctional institution when they committed the crime, or
- The victim was a witness to a crime and they were murdered to prevent them from testifying, or
- The victim was killed while the defendant was attempting to or committing a felony crime such as second-degree burglary, first-degree kidnapping, or first- or second-degree arson, or
- The defendant inflicted extreme physical pain on the victim prior to their murder.
Both first- and second-degree murder are class A-I felonies, which are punishable by life in prison.
What is First Degree vs. Second Degree Manslaughter?
There are two degrees of manslaughter: first- and second-degree manslaughter. Second-degree manslaughter occurs when someone recklessly causes the death of another person. In these cases, the defendant did not intend on killing the victim.
First-degree manslaughter occurs when:
- The defendant killed the victim even though he only intended on physically injuring him, or
- The defendant intentionally killed the victim while under extreme emotional distress.
First-degree manslaughter involves some level of intent—either the intent to injure or kill the victim—whereas second-degree manslaughter does not. First-degree manslaughter is a class B felony and second-degree manslaughter is a class C felony.
What is Criminally Negligent vs. Aggravated Criminally Negligent Homicide?
There are also charges for the criminally negligent homicide or aggravated criminally negligent homicide of another person. A criminally negligent homicide occurs when the victim is killed as a result of the defendant’s criminal negligence. An example of criminally negligent homicide would be the death of a child caused by the parent’s neglect.
The crime becomes aggravated criminally negligent homicide if the victim was a police officer or peace officer who was performing their job duties at the time of their death. This crime is a class C felony, whereas criminally negligent homicide is a class E felony.
Because both of these offenses are unintentional, these crimes are often called involuntary manslaughter.
How Can A Criminal Defense Attorney in Long Island Fight Homicide Charges?
Gianni Karmily is committed to helping you reach the best possible outcome in your case. Sometimes, the best possible outcome is a plea bargain, which allows you to plead guilty in exchange for reduced charges and lighter penalties. In other cases, the best possible outcome is a not guilty verdict reached by a jury of your peers. Gianni will carefully analyze the details of your charges, including the state’s evidence against you, to determine how to defend you and reach the best possible outcome, whatever it may be in your case. His goal is to help you avoid or minimize the legal penalties that come with a homicide conviction.
Book Your No-Cost Consultation With Our Homicide Lawyer Right Away
If you are convicted of homicide, you could spend the rest of your life behind bars. There is far too much at stake to take a chance on an inexperienced attorney. That’s why it’s in your best interest to seek legal representation from skilled homicide lawyer Gianni Karmily. The team at Law Firm of Gianni Karmily, PLLC understands that your future is on the line. Let us work tirelessly to reach the best possible outcome in your case. To schedule a free consultation, call 516-630-3405 or fill out the form on this website.