Homicide & Murder Lawyer
(888) 628-8838 :: If you or someone you love are facing manslaughter, homicide, or felony murder charges, contact the criminal defense attorneys at Zuck Legal.
Crimes, such as homicide and manslaughter, require the skill of an expert criminal defense attorney team. At Zuck Legal, we will immediately begin to formulate a successful defense for you. We offer top-notch legal advice throughout pretrial hearings, any criminal trial, and, if necessary, the appeals process.
Types of Murder
Murder is the unlawful killing of one human being by another without justification or reason. Under New York law, the action is considered murder when it is committed with intended malice and can be either unplanned or premeditated.
The terms murder, homicide, and manslaughter are used in books, movies, and TV shows. But these terms are often misconstrued and misunderstood. Types of murder and their meanings include:
- Homicide – All killings of humans are included in the definition of homicide. This includes killing in self-defense, intentional killing (murder), negligent killing (manslaughter), state executions, and killing in war. The difference between homicide and murder is intent. Murder requires intent to kill, and homicide does not.
- Manslaughter – Manslaughter is the unlawful killing of another human being without malice aforethought. It is the technical term for homicide but under murder. There are two types of manslaughter, voluntary and involuntary. Voluntary manslaughter is when someone kills with malice but was provoked. Involuntary manslaughter is when someone kills without malice or intention.
- Felony Murder – This takes place when a person kills another while committing a dangerous felony. For example, a person robs a bank, speeds off in their car, and accidentally hits and kills a pedestrian.
- First Degree Murder – Deliberate and premediated killing is generally considered first-degree murder. For example, if someone poisons another with the intent to kill.
- Legal Homicide – Some killings are not illegal. There are exceptions for some killings which would otherwise fall under criminal laws. One primary example of this is killing in justified self-defense or defense of another person.
Punishment and Penalties
In New York, murder is a Class A felony. A person convicted of first-degree murder is generally sentenced to 25 years in prison. However, the sentence can be the death penalty or life without parole, depending on the circumstances. It is worth noting that while the death penalty is listed as a possible sentence, in recent history, New York has elected not to hand down the death penalty sentence.
- Insanity defense – A defendant who is determined to be insane at the time of the crime, lacks the necessary state of mind for malice aforethought. The argument is that the accused is not responsible for their actions due to the mitigating circumstances of their mental health.
- Self-defense or defense of another – This is a valid defense against murder charges. If your actions are found to be reasonable under certain circumstances, then you can be found not guilty of murder.
- Extreme emotional disturbance (EED) – This defense is that the accused became so enraged that they lost control of their actions with valid reason.
If you or someone you love are facing manslaughter, homicide, or felony murder charges, contact the criminal defense attorneys at Zuck Legal. We will immediately begin to formulate a successful defense for you. We offer top-notch legal advice throughout pretrial hearings, any criminal trial, and, if necessary, the appeals process.