HOMICIDE / MURDERFinding the best attorney when charged
with HOMICIDE / MURDER in New York

How does New York define Murder or Homicide and what the right lawyer can do for you?

Homicide means conduct which causes the death of a person under circumstances constituting murder, manslaughter in the first degree, manslaughter in the second degree, or criminally negligent homicide.

Murder can involve an intent to kill or other specific circumstances as defined by New York law. Murder charges are extremely serious and a conviction carries devastating, lifelong consequences including potential life imprisonment and lifetime post release (parole) supervision. Being convicted of murder charges can obviously result in your life being put on hold for decades.  If you are facing homicide charges for murder or manslaughter, retaining an experienced criminal defense attorney can increase the likelihood that your charges are successfully defended against, reduced or dismissed.

Attorney Vitor Knapp is on your sideTypes of Murder Charges in New York

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

What you could be looking at if you are found guilty

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

What the prosecution will attempt to do

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.

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Not all lawyers are experienced in Homicide / Murder Charges

Let’s get your future back on track and see what we need to do to get things started.  Remember that Mr. Victor Knapp has been in private practice as a criminal defense lawyer since 1981, and has offices directly across the street from the Criminal Courthouse in Kew Gardens, New York. He has successfully represented thousands of persons, including high profile targets, accused or suspected of committing drug offenses throughout his legal career during the investigatory, arraignment, conference, Grand Jury, Pre-trial suppression, trial and post-conviction stages. He practices throughout the New York areas and he is available 24/7 for emergencies as well as for all state cases on Long Island, Brooklyn, Bronx, Manhattan and Westchester / upstate New York and for federal cases nationwide.

You need an experienced lawyer to handle the complexities of a Murder / Homicide case.  Attorney Victor Knapp is here to serve you. With offices conveniently located in Kew Gardens, the practice is uniquely situated to serve clients in Queens, Brooklyn, Long Island, and the five-borough area. To arrange for a private case evaluation, call (718) 263-9000 at any time or day or night. You can also contact us online.

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    The Law Offices Of Victor Knapp

    Mr. Victor Knapp is a Criminal Defense Lawyer in Kew Gardens neighborhood of Queens, New York.  Many say that he is the best Criminal Defense Lawyer in Queens and the surrounding neighborhoods of Jamaica, Forest Hills, Bayside, Woodside, Elmhurst, Jackson Heights, Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Ozone Park, Glen Oaks, Howard Beach, Middle Village, Ridgewood, Long Island City, as well as other communities in the counties of Brooklyn, Bronx, Manhattan, and Staten Island, including Nassau County, Suffolk County and on the East End (Hamptons) of Long Island.