Facing 1st Degree Manslaughter Charges in New York?

1st Degree Manslaughter Charges

Manslaughter in the first degree (Penal Law §125.20) is a class-B violent felony in the state of New York, which is punishable by a determinate sentence of anywhere from 5 to 25 years.

There are two common ways that individuals can be charged with Manslaughter in the First Degree.

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. If an individual sets out to seriously injure another and a death results, a prosecutor may nonetheless stick with a manslaughter charge as opposed to a murder charge if it will be difficult to prove beyond a reasonable doubt that killing the victim was the intended outcome. 

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, they may be charged with first degree manslaughter as opposed to second degree murder.

There are crucial differences between manslaughter in the first degree and manslaughter in the second degree. Ultimately, a finding of manslaughter in the first degree means that the individual made some sort of intentional action (ie., to cause serious physical injury) and a death resulted. Manslaughter in the second degree, however, only requires a finding that the person acted not intentionally, but recklessly, when causing a death. Reckless does not require an intentional mind but does require that the person engages in conduct which creates or contributes to a substantial and unjustifiable risk that a death will occur, he is aware of that risk and consciously disregards it, and when that risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

How We Fight 1st Degree Manslaughter Charges in New York

A number of defenses exist as it pertains to both of the above-described scenarios. Certainly, for a crime of passion killing, a creative defense attorney will look to put forth mitigation material which dives into the individual’s background, upbringing, and trauma to show how and why they snapped and committed this offense against the backdrop of an otherwise law-abiding life. This mitigation package will help secure a favorable pre-trial resolution.

As it pertains to the intentional injury theory, the classic defenses such as self-defense/justification and mistaken identity may still be viable and realistic to pursue.

Possible Sentencing & Penalties in New York

A Class-B felony, manslaughter in the first degree carries a sentence of up to 25 years’ imprisonment if convicted. At the same time, even if convicted, a creative and persuasive defense attorney can and should put forth mitigation material to the Court ahead of time in an effort to lessen your exposure. While manslaughter in the first degree is an incredibly serious crime, Judges will still consider one’s criminal history, character within the community, and prospects of rehabilitation when entering a sentence.

Examples and Related Cases

One common example of manslaughter in the first degree is known as the “one punch” fact-pattern. In these scenarios, an individual may be charged following a sucker punch whereby the victim is still in a coma or in the hospital. At first, the individual may be charged with assault in the second or even third degree. However, if or when the victim passes away, the charge may be upgraded to a first degree manslaughter - indeed, the government will look to prove that the defendant, in attempting to cause serious physical injury, ended up causing the death of another.

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. Contact The Law Offices of Jason Goldman today.