Manslaughter Defense Lawyer in the Bronx
Facing Charges for Manslaughter in New York?
Manslaughter is a type of homicide, which means that some action led to the death of another individual. In New York, this crime is harshly prosecuted. A conviction can lead to many years behind bars. These cases are very complex and must be handled by an aggressive and knowledgeable attorney. If you were arrested for any type of manslaughter, it's essential to retain strong legal representation as soon as possible.
Speak with our Bronx criminal defense attorney from The Law Offices of Elliot S. Kay at once! Call us at (646) 759-9233 today.
New York Manslaughter Laws
Often, the words "homicide," "manslaughter," and "murder" are used together, and sometimes even in place of one another. However, they are separate. Homicide is considered an umbrella term for the killing of another person. Within homicide are offenses such as murder and manslaughter. Murder is a different offense than manslaughter in that it involves premeditation and malicious intent.
There are various types of conduct that can be categorized as manslaughter, and New York law has different statutes for behaviors that constitute this offense.
Second-Degree Vehicular Manslaughter
According to NY Penal Code, a person commits second-degree vehicular manslaughter when they cause someone else's death while driving under the influence of drugs or alcohol. This is considered a class D felony.
First-Degree Vehicular Manslaughter
A person could be charged with first-degree vehicular manslaughter according to New York Penal Code if they caused the death of another in any of the following circumstances:
- Drove a motor vehicle with a blood alcohol concentration of .18 or more
- Operated a motor vehicle while their driver's license was suspended because of a DUI conviction or a chemical test refusal
- Had previously been convicted of a DUI within the past 10 years
- Caused the death of more than 1 person
- Had previously been convicted of this offense
- Had a child 15 years of age or younger in the vehicle and caused their death
First-degree vehicular manslaughter is a class C felony.
Second-Degree Manslaughter New York
This offense is committed when a person acts in a way that shows disregard for human life and causes someone's death. A person could also be charged under this law if they help another individual commit suicide. This offense is a class C felony.
Aggravated Second-Degree Manslaughter
If a person's reckless actions result in the death of a police officer performing their official duties, they could be charged with this offense. Aggravated second-degree manslaughter is a class C felony.
First-Degree Manslaughter New York
A person could commit this offense in two separate ways. First, they could be charged if they intended to seriously injure someone and caused their death. Second, if they intended to kill someone and their actions led to that result. This offense is separate from murder in that, even though there was intent to cause death, the person's actions were the result of “extreme emotional disturbance” as opposed to premeditation. This is a class B felony.
Aggravated First-Degree Manslaughter
A person's actions may be considered a violation of this law if they intended to cause serious physical injury to a police officer and the officer was killed as a result, or they intended to cause the officer's death and actually achieved that outcome. Again, this offense is separate from murder because the person was acting under “extreme emotional disturbance.”
What is the Sentence for Manslaughter?
As mentioned before, the punishments for manslaughter are severe. The specific penalties you could face depend on the facts of your case and the offense with which you were charged.
The following prison sentences could be imposed for a manslaughter conviction:
- Class D felony: up to 7 years
- Class C felony: up to 15 years
- Class B felony: up to 25 years
In addition to incarceration, a judge may also impose heavy fines.
Get a Strong Advocate in Your Corner
A manslaughter conviction can forever change your life. If you've been charged, you need a knowledgeable and aggressive Bronx criminal defense attorney on your side. At The Law Offices of Elliot S. Kay, our lawyer has extensive experience providing results-oriented legal representation for challenging cases. We will work hard toward a favorable outcome in your case.