Long Island Homicide Lawyer Aggressively Fighting to Protect Your Future in Nassau County
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 the difference between homicide, murder, and manslaughter in New York?
Homicide is the general legal term for one person causing the death of another. Under New York law, homicide offenses are divided into different crimes based on intent, circumstances, and level of recklessness. Murder usually involves intentional killing or extreme indifference to human life, while manslaughter generally involves reckless conduct or killings that occur without premeditated intent. The exact charge depends on the facts of the case and the defendant’s mental state at the time of the incident.
What are the different homicide charges in New York?
New York recognizes several types of homicide offenses, each with different legal elements and penalties. Common charges include:
- Murder in the First Degree, involving specific aggravating circumstances
- Murder in the Second Degree, typically involving intentional killing or depraved indifference
- Manslaughter in the First Degree, often involving intent to cause serious physical injury that results in death or an intentional killing committed under the influence of extreme emotional disturbance.
- Manslaughter in the Second Degree, involving reckless conduct that causes a death
- Criminally Negligent Homicide, where death results from criminal negligence
What is First Degree vs. Second Degree Murder in Nassau County, 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.
What are the penalties for murder or manslaughter in New York?
Penalties for homicide offenses in New York are severe and vary depending on the degree of the charge, the circumstances, and any prior criminal history.
- First-degree murder: Life imprisonment without parole.
- Second-degree murder: Life imprisonment, with the possibility of parole after 20–25 years.
- First-degree manslaughter: Up to 25 years in prison.
- Second-degree manslaughter: Up to 15 years in prison.
- Additional consequences:
- Permanent felony record
- Loss of certain civil rights (e.g., voting, firearm possession)
- Post-release supervision or parole after incarceration
Can Someone be Charged With Murder in New York Even if They Did Not Intend To Kill?
Yes. In some situations, a person can face murder charges without a clear intent to kill. For example, prosecutors may pursue charges based on depraved indifference to human life, meaning the accused engaged in extremely reckless conduct that created a grave risk of death. Additionally, the felony murder rule allows a person to be charged with murder if a death occurs during the commission or attempted commission of certain serious felonies, even if the killing was not planned.
What defenses are used in homicide cases?
Defense strategies in homicide prosecutions depend on the facts of the case but may include arguments such as:
- Self-defense or justification, claiming the force used was necessary to prevent harm
- Lack of intent, challenging whether the required mental state existed
- Mistaken identity or insufficient evidence linking the accused to the crime
- Procedural or constitutional violations, such as unlawful searches or improper interrogations
How do I Find a Homicide Lawyer Near Me?
To find a homicide defense lawyer near you, look for a criminal defense attorney experienced in handling serious felony and homicide cases. Review the lawyer’s trial experience, case results, and background in defending murder or manslaughter charges, and schedule a case evaluation to discuss the allegations, potential defenses, and the legal strategy for protecting your rights.
How Can A Criminal Defense Attorney in Nassau County, 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.
How Much Do Nassau County Homicide Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Homicide defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Homicide defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for a Homicide defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Homicide Defense Attorney
1) LIFELONG HOMICIDE DEFENSE ATTORNEY
Gianni Karmily is a lifelong homicide defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing homicide prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private homicide defense, Gianni Karmily has developed his professional experience from the homicide defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of homicide offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to homicide defense litigation and the representation of individuals facing homicide charges. His practice encompasses the defense of individuals accused of a broad range of homicide offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York homicide defense, New York Penal Law, Vehicle & Traffic Law, Homicide Procedure Law, constitutional advocacy, homicide litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on homicide cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, homicide defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong homicide defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the homicide justice system as a whole is a core component that distinguishes homicide defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive homicide defense experience, the distinction is straightforward: Gianni Karmily is a homicide defense attorney whose professional identity is built around defending the accused. Homicide defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing homicide charges in Nassau County have direct access to the attorney responsible for their representation.
A homicide defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of homicide charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced homicide defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of a homicide offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the homicide defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of homicide defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach homicide defense as a high-volume process. Each homicide case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the homicide allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York homicide laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his homicide defense practice immediately next to the courthouse where many Nassau County homicide matters are handled.
For a homicide defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Homicide cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with homicide defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout a homicide case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Nassau County homicide defense attorney, the combination of a lifelong focus on homicide defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
Book Your Case Evaluation 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 confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
