In New York, murder and manslaughter are often confused, but are, in fact, distinct criminal offenses. The state recognizes multiple degrees of manslaughter, each carrying specific consequences. All manslaughter charges are classified as serious felonies, potentially leading to significant prison time and a permanent criminal record. Continue reading to learn more about these legal matters and how an experienced Garden City, NY Violent Crime Lawyer can help protect your rights.
What Warrants Manslaughter Charges in New York?
First and foremost, it is crucial to understand that homicide charges encompass any act resulting in the death of another person, irrespective of the perpetrator’s intent. In New York, homicide offenses are categorized by the perpetrator’s intent and the specific circumstances surrounding a death. Murder, the gravest charge, requires the intent to kill. Less severe charges, such as manslaughter and criminally negligent homicide, are applied when a death results from recklessness or negligence, respectively.
Under New York law, manslaughter occurs when an individual causes death recklessly or under extreme emotional disturbance but without premeditation. Essentially, it is a “heat of the moment” or reckless act rather than a planned killing. There are three distinct categories of manslaughter:
- Manslaughter in the First Degree: This occurs when a person intentionally causes serious physical injury to another, resulting in death, they cause death while under extreme emotional disturbance, or they intentionally cause the death of a child. This is a Class B violent felony, which is punishable by five to twenty-five years behind bars.
- Manslaughter in the Second Degree: This occurs when a person recklessly causes the death of another person or aids another person in committing suicide. This is a Class C felony, which is punishable by up to fifteen years behind bars, in addition to hefty fines and probation.
- Aggravated Manslaughter: This charge applies when an individual recklessly causes the death of a police officer or peace offering performing official duties. First-degree aggravated manslaughter is a Class B violent felony, and second-degree aggravated manslaughter is a Class C felony.
What is Vehicular Manslaughter?
In New York, vehicular manslaughter occurs when a motorist causes the death of another person while operating a motor vehicle under the influence of drugs or alcohol (DWI). It involves driving recklessly or violating traffic laws that result in a fatality.
Vehicular manslaughter in the second degree applies when the death of another person is caused while operating a motor vehicle while intoxicated by drugs or with a blood alcohol concentration (BAC) of 0.08% or higher. The charge is elevated to vehicular manslaughter in the first degree if the death is caused by DWI plus an aggravating factor like prior DWI conviction, a BAC of 0.18% or higher, causing the death of more than one person, or driving on a suspended or revoked license. This is a Class C felony.
The penalties for vehicular manslaughter in New York vary significantly based on the degree of the charge, but can include prison sentences ranging from seven to fifteen years, license revocation, steep fines, and a permanent criminal record.
As you can see, manslaughter charges carry harsh penalties that can haunt you for the rest of your life. If you are facing homicide charges, contact an experienced attorney at KCS Law to discuss your rights and defense options.