Murder in New York

In the state of New York, punishments for murder fall into three offenses. Those facing charges may undergo sentencing for first-degree murder, second-degree murder, or aggravated murder. If that occurs, those facing first-degree murder could experience a minimum of twenty years to life and up to a maximum of life without parole.

Those facing second-degree murder charges could experience a minimum of fifteen years with a maximum of twenty-five years to life. If individuals face charges of aggravated murder charges, they’ll experience life without parole.

How do individuals find themselves facing murder in New York?

Examples

The following are examples of situations where charges of Murder in New York may be filed:

First-degree murder:

When someone intentionally causes the death of another, and they’re over the age of eighteen, murder charges are elevated to first-degree murder. Several aggravating factors must be present including the identity of the victim. For example, if they’re correctional employees, judges, peace officers, police officers, or witnesses.

Other factors include the nature of the killings, as well as the circumstances surrounding the murder. For example, did it occur when the defendant’s life sentence? Was it a terrorist act?

Second-Degree Murder:

Otherwise known as intentional murder, second-degree murder charges occur when individuals cause death to another person or if they cause the death of such person, as well as a third individual. Those facing these charges are defined as acting “recklessly” or that they’re demonstrating a “depraved indifference to human life.”

What this means in the state of New York is that the offender engaged in risky behavior and, despite knowing this, consciously disregarded such risk at the expense of another’s life.

Aggravated murder:

Individuals may face aggravated murder charges if they caused the death of a correctional officer, state correctional officer, emergency medical professional, or someone under the age of fourteen. Often, those charged with this crime are over the age of eighteen.

The Legal Definition of Murder in New York

Article 125, sets out the legal definition of Murder in New York. Murder in New York is a felony under state criminal laws.

The “elements” of Murder in New York are the things that the prosecutor must prove for you to be found guilty of this offense. For a defendant to be convicted in a criminal trial for Murder in New York under Article 125, all of the following must be true:

Deliberation: First-degree murder convictions depend on deliberation. The main reason is that it’s an intentional act whereby individuals are aware of their actions, as well as the consequences. It also isn’t uncommon for deliberate acts to occur without the provoking of outside influences. They’re also not occurring under passionate circumstances.
Premeditation: The consensus it typically that premeditation includes substantive forethought, as well as lengthy planning occurring over time. However, this isn’t necessarily the case. Premeditation can occur soon before murders are committed. Anytime an individual has time to second-guess their actions, premeditation happens. Premeditation doesn’t occur during the act, but beforehand.
Willfulness: What this means is the offender was willing to end another individual’s life. Furthermore, they acted in a way that was intentional and not accidental. These cases are challenging to identify and are decided and examined on a case-by-case basis.
Malice: Some first-degree murder rulings require the element of malice for a conviction. What this means is the individual acted in such a way that they meant to commit evil, or they had a complete disregard for human life. Under some circumstances, malice and premeditation elements are tied in with each other.

Let’s delve a bit more deeply into these elements of the crime of assault to understand their meaning better.

Element #1: Deliberation

The definition of deliberation is found under Murder in the Second Degree, Article 125.25.
Cite a court case description of this element. People v. Rivera
Describe the element in your own words. Explained above.
Give an Example: A motorist experiences road rage and, stops a person on the highway. They decide to hit that driver with their vehicle and run them over several times.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: If the motorist had decided to keep driving, the incident could have been avoided. If they stopped the driver and yelled at them, or got into a different altercation, the motorist would have experienced lesser charges.

Element #2: Premeditation

The definition of premeditation is Murder in the Second Degree, Article 125.25.
Cite a court case description of this element. In Capital Case, Man Pleads Guilty to 2d-Degree Murder
Describe the element in your own words. Explained above.
Give an Example: The offender chooses a weapon for the crime they’re going to commit.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: Selecting the weapon shows that the individual is thinking about the crime they’re going to commit, how they plan to carry it out, and that they intend to end someone’s life.

Element #3: Willfulness

The definition of willfulness is defined under Article 125.
Cite a court case description of this element. Woman Fights for Life After NYC Ax Attack Kills Her Friend, Spares Child
Describe the element in your own words. Explained above.
Give an Example: An individual stabs another during a robbery because the person being robbed refuses to cooperate.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: The individual committing the robbery is willing to kill the person they’re robbing to achieve their goal.

Element #4: Malice

The definition of (“Element #4”) is found in Article 125.27.
Cite a court case description of this element. James Fields Guilty of First-Degree Murder in Death of Heather Heyer
Describe the element in your own words. Explained above.
Give an Example: An individual kidnaps another person and tortures them until they die.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: The individual who commits the kidnapping commits other crimes against their victim including rape.

Related Offenses

Charges of Murder in New York may be brought in addition to, or in place of, charges for certain other related offenses, including:

Related Offense #1: Criminally Negligent Homicide

The definition of criminally negligent homicide is found under Article 125.10.
Describe the offense in your own words. It’s when the offender causes the death of another individual without perceiving the fact that their actions would result in such consequences.
Give an Example: When a parent leaves their child in unattended in a hot vehicle and, as a result, they pass away.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: Had the parent considered their actions, they would have saved their child’s life.

Related Offense #2: Aggravated Vehicular Manslaughter

The definition of aggravated vehicular manslaughter is found under Article 125.14.
Describe the offense in your own words. These individuals engage in reckless driving due to intoxication, knowing their license is revoked or suspended, has previous driving convictions, commits a crime while driving, and it results in the death of another individual or individuals.
Give an Example: An individual is driving under the influence and, when they experience a car wreck with another vehicle, the driver of the other car is killed.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: Had the person decided to call a cab instead of getting behind the wheel, they would have saved that driver’s life.

Related Offense #3: Homicide—abortion

The definition of homicide—abortion is Article 125.05.
Describe the offense in your own words. When a woman decides to take the life of her baby when it’s alive through the use of prescription medications or other means, she’s committing homicide—abortion.
Give an Example: A woman finds out she’s pregnant and can’t decide if she wants to keep the baby. She waits too long and, instead of putting the baby up for adoption, she takes matters into her hands by promoting miscarriage or visiting an illegal abortion clinic.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: She’s consciously deciding to end her baby’s life.

Related Offense #4: Manslaughter in various degrees

The definition of manslaughter in various degrees is defined between Articles 125.15 and Article 125.21.
Describe the offense in your own words. When someone commits manslaughter in the first degree, it causes the death of another when they’re acting recklessly, It’s a Class C felony. Manslaughter in the second degree is when someone acts with the intent to cause the death of another, and it’s a Class B felony. When those are found guilty of aggravated manslaughter in the second degree, it’s a Class C felony because the individual caused the death of a public officer.
Give an Example: Two men get into an argument and, in the heat of the moment, one of the men chokes the other to death.
End with any additional information to take into consideration.
- Provide Another Example If Necessary: The man choking the other man knew it would lead to his death, but he didn’t stop.

Essential and Impactful Cases:

The following murder in New York court cases is essential and impactful. The main reason is that they provide examples of everyday individuals, as well as those who acted with malicious intent.

How These Cases Further Define the Written Statute:

Each of these cases falls within the past year and are examples of how attorneys are working with offenders and defendants under Article 125.

Not only are these cases examples of each of the elements described— deliberation, premeditation, willfulness, and malice—but they also exemplify first-degree second degree and aggravated murder cases.

How These Cases Have an Impact on the Defense and Clients:

When the defense work with their clients on these cases, it has an impact on everyone involved. In addition to holding their client’s life in hands, the outcome of the case also impacts the victim’s families.

Ultimately, every defense attorney works with their clients in a manner whereby they’re innocent until proven guilty. However, situations arise where the client admits or knows their guilt, as in the case of the Asbury Park woman case. Therefore, the defense counsel must work in a manner that is in everyone’s best interests legally.

Entities involved in detection, investigation, and prosecution:

Members of the NYPD
Detectives from the NYPD
The district attorney
Crime scene investigators
Prosecuting attornies

What is the prosecution like?

The prosecution can’t handle the case to its fullest extent unless they have access to the crime scene, as well as to the suspect who is in custody. Because the police are in charge of the crime scene, as well as the investigation, it’s critical for prosecutors to have a good relationship with them.

Therefore, if they’re granted access to a crime scene, they must follow all instructions officers give them. They’ll be working on understanding the layout of the scene, learning the details of the offer’s investigation, speaking the witnesses, gathering information about the neighborhood, assisting with collecting evidence, and providing counsel as issues occur.

Do government agencies collaborate with local agencies?

Depending on the severity of the case, government agencies may collaborate with local agencies.

Has a federal task force been created to combat this issue?

Yes—Meet the elite task force helping crack the city’s deadliest cases

What specific type of wrongdoing are they interested in preventing?

Murder.

Penalties for Violating Article 125:

Murder in New York is a felony. The potential penalties depend on the conviction:

The penalties for Murder in New York in most cases include:

First-degree murder: a minimum of fifteen years imprisonment with a maximum of twenty-five years to life.
Second-degree murder: a minimum of twenty years to life, with a maximum imprisonment of life. Without parole.
Aggravated murder: individuals could experience a life sentence with no chance of parole.

Sentencing Enhancements

The penalties for Murder in New York are steeper if you act in the heat of passion.

Specifically, you face heightened penalties if you:

Kill intentionally.
Commit an act that results in an intentional death.
Are commissioned to commit an act that results in another individual’s death.
Commit a crime that results in another individual’s death.

If your case falls into one of these categories—and you knew or reasonably should have known that they did—then the maximum sentence will increase to potential life imprisonment.

What is the maximum sentence for a Murder in New York?

The maximum sentence for Murder in New York also increases to life in prison.

Because those who are experiencing a murder conviction are facing felony charges, their life is going to experience significant changes. Often, families and friends will work toward maintaining a relationship during the beginning of the sentence.

However, the defendant will find that they’ll lose their property, possessions, and most of their assets once they’re incarcerated. The main reason is that they have to liquidate these things to pay legal fees. During the sentence, they have the right to appeal their felony charges. In doing so, they’re attempting to prove mistakes were made during their initial trial.

Because felony convictions stay on records permanently and have consequences, many attempts to expunge these convictions, the main reason is that felonies can place limitations on future employment opportunities, as well as housing. The rules for expunging are strict but possible with a criminal defense attorney.

Legal Defenses to Murder in New York

Nobody wants to go to jail or pay a fine—and nobody wants a conviction for Murder in New York on their record. People may start to associate you with this crime, even though they do not understand the specifics of your case.

There are several powerful legal defenses you can use to fight these charges. They include:

Defense #1: Self Defense

One of the defenses for Murder in New York is that the defendant must prove that their act was in self-defense.
Cite a court case describing this defense. People v. Brown
Example: A family’s home is being robbed and, when faced with the robber who has a gun in his hand, the homeowner fires his gun several times. The robber is killed at the scene after firing his gun at the homeowner and missing.

Defense #2: Proof of Accidental Death

The second defense for Murder in New York is that the defendant must prove that accidental death occurred.
Cite a court case describing this defense. A Model Detective. A Small-Time Thief. How two Lives Collided in a Deadly Robbery in Queens.
Example: A police officer approaches a robbery scene and is shot by another officer who is also arriving at the scene.

Defense #3: Crime of Passion

The third defense for Murder in New York is that the defendant must prove it was a crime of passion and not premeditated.
Cite a court case describing this defense. Crime Of Passion Results In Death
Example: When two men begin fighting and, as a result, the violence becomes so bad it results in one of the men passing away accidentally. The man who takes his life takes responsibility but didn’t intend to for it to occur.

Defense #4: Irrefutable Alibi

The fourth defense for Murder in New York is that the defendant must present witnesses who can prove the defendant has an irrefutable alibi.
Cite a court case describing this defense. Court denies new trial in ‘Serial’ podcast murder case
Example: If an individual stands accused of a murder, they can prove they were elsewhere with witnesses or video surveillance.

Call us for help.

For questions about Murder in New York or Article 125, or to discuss your case confidentially with one of our criminal defense attorneys, do not hesitate to contact us. Because you’re facing serious felony charges, we’ll begin making recommendations for your case immediately.

Our mission is to help you understand the details of the investigation pertaining to your case, as well as present you with your legal rights. We’ll work with you regarding communication, as well as negotiation with the investigator, as well as provide representation during questioning and interrogation.

When you need help with trial strategies, as well as assessments, we’re here to help. We have local criminal law offices in your area.