Facing 2nd Degree Manslaughter Charges in New York?

2nd Degree Manslaughter Charges

In New York, an assistant district attorney will frequently charge Manslaughter in the Second Degree (Penal Law §125.15) when they believe an individual acted not intentionally, but recklessly, in killing another.  Hence, guided by this theory, a prosecutor will look to prove that a 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.

There are limitless fact-patterns to where this charge may be most appropriate.  Some of the more common examples include where an individual shoots a firearm into a crowded area and a death results, or where an individual drag races or drives at an extremely high rate of speed, and a death occurs.  Even if the actors in these situations did not intend to kill, a prosecutor may look to convince a jury that the person acted in such a gross deviation from the norm, and was so reckless, that there was a substantial likelihood that their actions would result in a death.

How We Fight 2nd Degree Manslaughter Charges in New York

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 or even anticipated 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. Hence, defending individuals by showing that this conduct was an accident, or even negligent, is a way for a defense attorney to persuade a jury that a 2nd degree manslaughter charge is not applicable. 

At the Law Offices of Jason Goldman, we have defended against these charges often, whether it be at a pretrial phase, trial, or even an appeal. To reiterate, picking apart the government’s theory of reckless conduct and having a jury understand why such behavior does not meet this rigid standard is crucial towards your success if charged in this fashion. 

Possible Sentencing & Penalties in New York

Manslaughter in the Second Degree is a class C, non-violent felony, meaning that the maximum sentence is an indeterminate 5-15 years’ imprisonment.  If given this sentence, you will be eligible for parole at the five year mark. The codified minimum for this charge is 1-3 year’s imprisonment, however, when presented with persuasive mitigation, judge’s have the discretion to hand down a probationary or split sentence.

Examples and Related Cases

Our firm has handled a variety of second degree manslaughter cases.  Given that the government need only to prove a reckless mindset as opposed to that of an intentional one, these cases are unique and sometimes noble prosecutions.  Recently, we represented an individual who was accused of manslaughter following a tragic subway incident whereby our client, during a chaotic encounter, acted in reasonable self-defense of himself and of other passengers.  Following a brief altercation and a slashing, our client was charged with manslaughter and his case was presented to a grand jury.  Following a rigid defense investigation, our firm submitted defense evidence to a grand jury as well as testimony from our client.  Taking these prudent yet aggressive steps led to a grand jury dismissal of all charges. 

Your Defense Begins Now

If you are being charged with second degree manslaughter, the consequences can be long-lasting and devastating.  It is imperative that when facing such charges your attorney is ready, willing, and able to put forth an relentless defense to fight back against these allegations. Contact the Law Offices of Jason Goldman today.