If you have been accused of causing the death of another, you will face either manslaughter or murder charges. While both carry life-altering consequences, significant distinctions exist between the legal definitions of these offenses and their penalties. Please continue reading as we explore the key differences between these crimes, the potential defense strategies that can be employed, and the importance of connecting with an experienced Garden City, NY, Violent Crime Lawyer for guidance.
What Are the Key Differences Between Manslaughter and Murder in New York?
While often used interchangeably, manslaughter and murder have various distinctions. The key difference between these offenses lies in the intent of the perpetrator. To secure a murder conviction, whether for first or second-degree murder, the prosecution must demonstrate the defendant’s intent to kill the victim. Unlike manslaughter, premeditation is required.
Manslaughter involves the unintentional killing or a killing with the intent to cause serious bodily injury, but not necessarily death. There are two classifications of this offense: voluntary and involuntary. Voluntary manslaughter charges are usually levied against those who take another human life in the heat of the moment. This amy includes fights that escalated or when someone is provoked, leading to an impulsive act. Involuntary manslaughter applies when death is caused unintentionally, often resulting from recklessness. This includes when a drunk driver causes the death of a pedestrian or another motorist.
What Defenses Are Available?
While facing manslaughter or murder charges is undoubtedly terrifying and may seem overwhelming, your defense attorneys at KCS Law possess extensive experience defending individuals in similar cases. The defensive strategy employed will depend on the unique circumstances of your case. Potential defenses may include:
- Self-Defense: This defense applies when the defendant reasonably believed they were in imminent danger of harm and used force to protect themselves or someone else. However, the force used must be proportionate to the threat faced.
- Mistaken Identity: This defense may be raised in cases of false accusations or a witness made an error in identifying you as the perpetrator.
- Lack of Intent: These charges require proving a specific intent. A defendant can argue a lack of intent, asserting they did not intend the outcome of their actions.
- Insanity: An insanity defense may be applicable if a mental disease or defect rendered the defendant unable to comprehend the nature of their actions or to distinguish right from wrong.
- Constitutional Violations: If law enforcement violated the defendant’s constitutional rights, such as failing to read Miranda Rights or conducting illegal searches and seizures, your attorney can file a motion to exclude evidence obtained unlawfully. This can weaken the prosecution’s case.
If you are facing these serious charges in New York, it’s in your best interest to contact an attorney at KCS Law, who can help identify the most effective strategies for challenging the prosecution’s arguments. Connect with our firm today to schedule a consultation.