Murder is the most serious charge under the laws of the state of New York. If you have been charged with murder, you will need to retain council immediately to begin work on your defense. You can be looking at the potential of life in prison. David Galison is an experienced defense attorney in New York criminal cases and would be proud to bring his knowledge to your aid.
There are two major classifications of murder charges in New York – First Degree and Second Degree. Each is a serious charge with life-altering consequences for a conviction.
Murder in the Second Degree
The following conditions can warrant the charge of murder in the second degree.
- the accused had the intent to kill someone, and carried out that intent
- the accused acted in such a reckless manner that a death resulted directly because of that behavior
- the accused caused the death of a non-participant during the commission of a crime such as robbery, burglary, arson, rape, etc.
- the accused acted recklessly and their actions resulted in the death of someone 11 years or younger
Second degree murder is a class A-1 felony, and is punishable by between 10 and 25 years in prison.
Murder in the First Degree
In order to justify a charge of first degree murder, the accused must have had the intent to kill another person in addition to having the presence of at least one aggravating factor. Also, the accused must have been at least 18 years of age at the time of the killing. The following are some examples of aggravating circumstances that can raise the charge to first degree murder -
- the victim is of specific identity, such as a police officer, witness, judge, etc.
- the accused kills someone while committing another felony crime
- the accused kills someone during an act of torture or a terrorist act
- a murder for hire plot
Also a class A-1 felony, murder in the first degree is punishable by as much as life in prison without the possibility of parole.
Any murder charge needs a thorough defense to argue against the prosecution. Call our office right away at 516-242-4477 for a free consultation and to speak with our team about the specifics of your case. We look forward to getting to work for you in this matter.