Facing 2nd Degree Murder Charges in New York?

2nd Degree Murder Charges

Simply stated, if you intentionally or recklessly cause the death of another person, you could face a homicide charge. While there are various different offenses covered within the Penal Code related to taking the life of another person, one of the most common charges is murder in the 2nd degree. See NY Penal Law § 125.25.

Pursuant to this statute, you could be prosecuted for murder in the second degree if you:

• Intentionally caused the death of another person,
• Recklessly caused the death of another person under the conditions that showed that you had a depraved indifference for human life,
• Caused the death of another person during the commission of another crime such as robbery, burglary, arson, or sexual assault, or
• Caused the death of another person under the age of 11 during the commission of a sex crime such as rape in the first degree, criminal sexual act in the first degree or incest in the first degree.

While first degree murder is worse than second degree, in reality, second degree murder is a much more common charge in New York. Indeed, second degree murder covers a common form of homicide where one person simply “intentionally causes the death of another.” Without some additional aggravating factor, which would trigger a first degree charge, prosecutors often indict individuals on a second degree level.

How We Fight 2nd Degree Murder Charges in New York

Of course, a number of viable defenses exist when it comes to fighting second degree murder charges. Self-defense is an important defense to a charge of murder in the second degree. If you can show that the killing was the result of a reasonable use of force to defend against a reasonable fear that you were about to be killed, then you may have a defense to a murder in the second degree charge.

Mistaken identity is another defense which may be available in certain scenarios. Importantly, in today’s age of technology, most jurors expect to know where an individual was on a specific day at a specific time if it was somewhere other than the scene of the crime in which the government claims. Hence, if pursuing a mistaken identity defense, it is critical that your defense lawyer file a timely alibi notice in order to assure that such evidence can be presented at a trial and put forth for a jury to consider.

Possible Sentencing & Penalties in New York

Murder in the second degree carries a minimum sentence of 15 years’ to life imprisonment. This means that if you are given the minimum, you will serve 15 years and then be eligible for parole release – if released, you will be on parole for the remainder of your life. The maximum sentence is 25 years’ to life, which means an individual is not eligible for life parole until serving 25 years’ in state prison.

Examples and Related Cases

Our firm has handled an array of murder in the second degree cases. We recently went to trial for a client facing a charge of attempted murder in the second degree for a fight in which he acted in reasonable self-defense. In this case, our client was being violently assaulted on the street and was threatened with a knife. At that point, our client was able to use a small pocket-knife to defend himself and get away from the scene. At trial, our client testified on his own behalf and persuaded the jury to understand that he acted as any other reasonable person would in his situation. He did not initiate the fight and he did not use more force than necessary to assure his own safety. Facing a double-digit sentence if convicted, our client was found not guilty on all counts. 

Your Defense Begins Now

Simply stated, it does not get more serious than being charged with second-degree murder. As outlined, sentences can and do range from 15 years’ imprisonment to 25-to-life sentences. If you are facing a second degree murder charge, it is imperative that you have a firm which is ready, willing, and able to fight this matter with the utmost care and thorough handling. An aggressive and strategic defense is required to prevail against these charges. Contact the Law Offices of Jason Goldman today.