Murder Crime

Murder Crime Lawyer in New York

The crime of Murder is a heinous crime. In the State of New York, murder is considered as a capital crime and any individual who is facing prosecution for murder must get ready for what is to come - a heavy penalty. Get in touch with our Murder Crime Lawyer in New York in order to be equipped with the applicable criminal defense and to be spared from murder charge in NYC in most effective way.

The Numbers Do Not Lie

Murder crimes in NYC are continuously going down. In the year 2018, the New York Police Department recorded 289 murders. This record number is considered as the lowest crime rate in the city for a period of 70 years. While the major overall crime in New York City itself fell by 1.3% from 97,089 to 95,844, the number continues to go down.Murder crimes

The Crime Graduation of
Murder

New York Penal Law is specific when prosecuting the crime of murder. In this section, let us discuss the sections of New York Penal law and the articles that one should know if he is facing prosecution for a crime. 

Aggravated Manslaughter

The first level of the crime of murder is under Section 125.21 which defines aggravated manslaughter in the second degree.

According to the law, an individual person is guilty of aggravated manslaughter in the second degree when he or she recklessly causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer. Aggravated manslaughter in the second degree is a class C felony.

It is clear from the letter of the law that there should be the presence of two elements for one to be convicted of this crime: there must be a police officer and there must be the unintentional killing. 

The killing of a police officer or peace officer is definitely a serious crime and that is clear from this provision of the law. Even if there is no intention for you to kill the officer, as long as you caused the death of a police officer while he is performing his official duties, you are liable for this crime. However, intention is not always necessary in this aspect. If the individual recklessly acted with the knowledge that his actions have the risk of resulting in death, but he continues to do so, he is said to have acted recklessly.

Murder crimes

In context, let us give an example: 

If Anthony was driving a car on a freeway and a police officer pulled him over. Instead of fully pulling over, he waited for the police officer, Officer Santiago to go down and approach his vehicle. Anthony then sped away because he had drugs in the car. Due to this act, Officer Santiago stumbled and was hit and rolled over by a truck that is passing by. Anyhony could be charged by the prosecution of aggravated murder in the second degree as his reckless action resulted in the death of the police officer.

What should Anthony do? Anthony should contact a lawyer who can give him the best possible defense available. 

What are the defenses available?

If you are charged with aggravated manslaughter in the second degree, there are elements that should be proven such as:

  • proof that your reckless behavior caused the death of a police officer or a peace officer;
  • proof that your behavior was reckless; or
  • proof that the victim’s death was the direct result of your recklessness. 

What is the penalty?

The penalty for aggravated manslaughter in the second degree is imprisonment of up to 15 years. It is considered as a class C felony.

Going further, Section 125.22 defines the crime of aggravated manslaughter in the first degree. A person is guilty of aggravated manslaughter in the first degree

when the following elements concur, such as:

  • When an individual, with intent to cause serious physical injury to a police officer or peace officer, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or a peace officer, he or she causes the death of such officer or another police officer or peace officer; or
  • When an individual, with intent to cause the death of a police officer or peace officer, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer, he or she causes the death of such Murder crimesofficer or another police officer or peace officer under circumstances which do not constitute murder because he or she acts under the influence of extreme emotional disturbance. The fact that homicide  was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to aggravated manslaughter in the first degree or manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision.

The crime of aggravated manslaughter in the first degree is a class B felony.

Murder Proper

Murder is defined specifically in Section 125.25. This section defines the crime of murder in the second degree. According to this section, a person is guilty of murder in the second degree when:

He causes the death of another person.

The law provides that there is murder in the second degree when the individual, intent to cause the death of another person, he causes the death of such person or of a third person.

  • The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the  defendant believed them to be;Murder crimes
  • The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide.

Reckless Conduct Results In Death Of Another

When under the circumstances evincing a depraved indifference to human life, an individual recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person.

Death Resulting From Another Crime

When the individual, acting either alone or with one or more other persons commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants.

Defenses 

The following are affirmative defenses in the crime of murder:

  • That the accused did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and
  • That the accused was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and 
  • That the accused had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and
  • That the accused had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious  physical injury; or

Death Caused To A Person Less Than Eleven Years Old

Under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant recklessly engages in conduct which creates a grave risk of serious Murder crimesphysical injury or death  to another person less than eleven years old and thereby causes the death of such person.

Death Resulting From Rape, Sexual Abuse, Etc.

When the accused, being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than  fourteen years old, he or she intentionally causes the death of such person.

Class A-I Felony

Murder in the second degree is a Class A-I felony.

Aggravated Murder

Murder can also be aggravated. According to Section 125.26, the following acts aggravate the crime of murder:

  • When the victim is engaged at the time of the killing in the course of performing his or her official duties; and
  • When the intended victim was a police officer who was engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the victim was a police officer; or
  • When the intended victim was a peace officer who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the victim was such a uniformed court officers, parole officers, probation officer, or employee of the division for youth; or
  • When the intended victim was a firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse involved in a first response team, or any other individual who, in the course of official duties, performs emergency response activities and was engaged in such activities at the time of killing and the defendant knew or reasonably should have known that the intended victim was such firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse; orMurder crimes
  • When the intended victim was an employee of a state correctional institution or was an employee of a local correctional facility who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the victim was an employee of a state  correctional institution or a local correctional facility; and
  • When defendant was more than eighteen years old at the time of the commission of the crime; or
  • When the death was caused in a cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death. Torture ise defines as the intentional and depraved infliction of extreme physical pain that is separate and apart from the pain which otherwise would have been associated with such cause of death; and the defendant was more than eighteen years old at the time of the commission of the crime.

Affirmative Defenses for Aggravated Murder are the following:

  • When the defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be;
  • When the defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide.

Murder In The First Degree

The New York Penal Law Section 125.27 defines the crime of murder in the first degree. A person is guilty of murder in the first degree when:

With intent to cause the death of another person, he causes the death of such person or of a third person and the intended victim was:

  •  a police officer who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was a police officer; 
  • a peace officer;
  • a firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse involved in a first response team, or any other individual who, in the course of official duties;
  • an employee of a local  correctional facility at the time of the commission of the killing, the defendant was confined in a state correctional institution or was otherwise in custody upon a sentence for the term of his natural life, or upon a sentence commuted to one of natural life, or upon a sentence for an indeterminate term the minimum of which was at least fifteen years and the maximum of which was natural life, or at the time of the commission of the killing, the defendant had escaped from such confinement or custody while serving such a sentence and had not yet been returned to such confinement or custody; or
  • a witness to a crime committed on a prior  occasion and the death was caused for the purpose of preventing the  intended victim's testimony in any criminal action or proceeding whether or not such action or proceeding had been commenced, or the intended  victim had previously testified in a criminal action or Murder crimesproceeding and the killing was committed for the purpose of exacting retribution for  such prior testimony;
  • an immediate family member of a witness to a crime committed on a prior occasion and the killing was committed for the purpose of preventing or influencing the testimony of such witness, or the intended victim was an immediate family member of a witness who had previously testified in a criminal  action or proceeding and the killing was committed for the purpose of exacting retribution upon such witness for such prior testimony. 

There is also murder in the first degree whenever:

  • the defendant committed the killing or procured commission of the killing pursuant to an agreement with a person other than the intended victim to commit the same for the receipt, or in expectation of the receipt, of anything of pecuniary value from a party to the agreement or  from a person other than the intended victim acting at the direction of a party to such agreement. 
  • the victim was killed while the defendant was in the course of committing or attempting to commit and in furtherance of robbery, burglary in the first degree or second degree, kidnapping in the first degree, arson in the first degree or second degree, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse in the first degree or escape in the first degree, or in the course of and furtherance of immediate flight after committing or attempting to commit any such crime or in the course of and furtherance of immediate flight after attempting to commit the crime of murder in the second degree;
  • The defendant, with intent to cause serious physical injury to or the death of an additional person or persons, causes the death of an additional person or persons; provided, however, the victim is not a participant in the criminal transaction; or
  • prior to committing the killing, the defendant had been convicted of murder; or 
  • the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death; or
  • the defendant intentionally caused the death of two or more additional persons within the state in separate criminal transactions within a period of twenty-four months when committed in a similar  fashion or pursuant to a common scheme or plan; or
  • the intended victim was a judge; or
  • the victim was killed in furtherance of an act of terrorism.

Defenses In Murder In The First Degree

The following are considered as the defenses in Murder in the first degree cases:

The first case is when the defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the  defendant believed them to be. 

Murder crimes

The second one is when the defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide.

Abortion Cases

There are some people who would argue that abortion is a murder. In the State of New York, abortion crimes are specifically defined. 

The following are the abortion crimes specifically provided for in New York Penal Law:

  • Section 125.40 defines  Abortion in the second degree when the individual commits an abortional act upon a female, unless such abortional act is justifiable. Abortion in the second degree is a class E felony.
  • Section 125.45 defines Abortion in the first degree. A person is guilty of abortion in the first degree when he commits upon a female pregnant for more than twenty-four weeks an abortional act which causes the miscarriage of such female, unless such abortional act is justifiable. Abortion in the first degree is a class D felony.
  • Section 125.50 defines self-abortion in the second degree. A female is guilty of self-abortion in the second degree when, being pregnant, she commits or submits to an abortional act upon herself, unless such abortional act is justifiable. Self-abortion in the second degree is a class B misdemeanor.
  • Section 125.55 defines self-abortion in the first degree. A female is guilty of self-abortion in the first degree when, being pregnant for more than twenty-four weeks, she commits or submits to an abortional act upon herself which causes her miscarriage, unless such abortional act is justifiable. Self-abortion in the first degree is a class A misdemeanor.Murder crimes
  • Section 125.60 defines issuing abortional articles. A person is guilty of issuing abortional articles when he manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in unlawfully procuring the miscarriage of a female. Issuing abortional articles is a class B misdemeanor.

Get The Help You
Need

At the end of the day, if you are being prosecuted for a murder case in New York, it is important that you get all of the help that you need. Being prosecuted for a crime is one thing but being convicted is another. Make sure that you have all of the important facts and the defenses that you could possibly need. 

Your murder defense lawyer should be able to help you find the right criminal defense from the time that you hire him. A plea bargaining deal should always be on the table. Technicality should be handled with great caution as that can also take care of your case. You should also be able to throw out evidence if you have the experienced murder defense attorney.

Whatever you need, whatever kind of defense is necessary, you should get a lawyer who can help you.

Contact Us Today

If you need help urgently, we are always here to assist you. You can go to our office at 464 Ocean parkway, Brooklyn, NY 11218 or call our telephone at:(+1) 347-763-93-96

 

Offer Services

NYC Rape Defense Lawyer
Rape crimes
Child Molestation Lawyer in New York
Defense Attorney in NY
NY Rape Defense Attorney
Criminal defense in New York
New York Prostitution Lawyer
Legal defense in NY
Sex offense attorney in New York
Sex offense crimes
Manslaughter Crime Lawyer in New York
NY Criminal Defense
Robbery and Burglary Lawyer in New York
Robbery and Burglary crimes
NYC Sex Offense Lawyer
Criminal Defense in New York
NYC Drug Possession Lawyer
Criminal Defense in New York
Theft Crime Lawyer in New York
Theft Crime
Domestic Violence Lawyer in NYC
Domestic Violence
NYC DUI lawyer
Criminal defense in New York