The degree of homicide charges filed in a particular case depends upon various facts and circumstances specific to your case. While each case is different and requires an intensive factual review, certain factors are most relevant in determining the degree of the charge including:

• If there was an intent to kill or some less culpable mental state involved (i.e., recklessness or criminal negligence)
• If there is an insanity or extreme emotional disturbance defense
• If death was caused accidentally
• If pre-meditation and planning were involved
• If accomplice liability is alleged, whether there was any active participation involved (as opposed to mere presence)
• If accomplice liability is alleged, whether or not there was a shared mental intent with the other person
• If the defendant or another was provoked, attacked, or acted in self-defense
• If the cause of death is unclear and/or disputed
• If there was a weapon or dangerous instrument involved

Murder (Homicide) Charges are always felonies and carry extremely serious penalties. If you are facing murder charges, it is essential that you seek experienced legal representation and advice.  There are several types of homicide charges in New York. These include:

• First Degree Murder(Penal Law 125.27)– In New York, a first degree murder conviction can carry a sentence with a minimum of 20 years to 25 years and a maximum of life in prison. Alternatively, a sentence of life without parole can be imposed.

• Aggravated Murder (Penal Law 125.26)- which carries a sentence of life without parole.
• Second Degree Murder(Penal Law 125.25)— which carries a minimum sentence of 15 years in prison to life and a maximum sentence of 25 years in prison to life.
• Manslaughter First Degree (Penal Law 125.20) – which carries a minimum determinate sentence of 5 years up to a maximum sentence of 25 years.
• Aggravated Manslaughter First Degree (Penal Law 125.22)- which carries a minimum determinate sentence of 10 years up to a maximum sentence of 30 years
• Manslaughter Second Degree (Penal Law 125.15) – which carries a sentence ranging from probation or up to 15 years
• Aggravated Manslaughter Second Degree (Penal Law 125.15) – which carries a minimum determinate sentence of 7 years up to a maximum of 20 years
• Aggravated Vehicular Homicide (Penal Law 125.14) – which carries an indeterminate sentence with a minimum ranging from 1 to 8.3 years and maximum ranging from 3 to 25 years
• Vehicular Manslaughter First Degree (Penal Law 125.13) – which carries an indeterminate sentence with a minimum ranging from 1 to 5 years and maximum ranging from 3 to 15 years
• Vehicular Manslaughter Second Degree (Penal Law 125.12) – which carries a potential sentence of probation or a definite sentence up to one year or an indeterminate sentence with a minimum ranging from 1 to 2.3 years and maximum ranging from 3 to 7 years
• Criminally Negligent Homicide (Penal Law 125.10) – which carries a sentence ranging from probation or imprisonment up to 4 years
• Aggravated Criminally Negligent Homicide (Penal Law 125.11) – which carries an determinate sentence ranging from 3.5 to 15 years

When the prosecutor cannot show intent or one of the elements required for murder charges, he or she may decide to bring charges for manslaughter. While also a type of homicide, manslaughter is a lesser version of the offense because it lacks intent or other elements showing a depraved nature. Many deaths caused by car, truck or SUV are charged as vehicular manslaughter.

Those who unintentionally kill a person with a vehicle while drunk or under the influence of drugs can be charged with aggravated vehicular homicide or first or second-degree vehicular manslaughter.  Regardless of whether you are facing murder or manslaughter charges, an experienced criminal defense attorney can protect you.