NYC Homicide Lawyer

When facing homicide charges in New York City, you need more than just legal representation—you need a dedicated counselor who understands the nuances of a murder charge and can build an aggressive defense for you.

At the Law Offices of Mehdi Essmidi, our homicide defense attorneys bring decades of experience defending clients against serious charges. We understand that a homicide charge can change your life and future, which is why we create a defense specifically tailored to your case. Contact us for a free consultation.

Homicide Cases Our Criminal Defense Attorneys Handle

Our law firm handles a number of homicide cases, from first-degree murder to vehicular manslaughter. Here are some of the charges criminal lawyer Mehdi Essmidi can assist with:

Murder in the Second Degree

New York criminal system covers murder in the second degree under Penal Law § 125.25, a Class A-I felony. While New York doesn’t have the death penalty for the most serious crimes, second degree murder sentences generally range from 15 years to life, depending on case specifics such as prior criminal history.

A person is guilty of murder in the second degree when they commit one of the following acts:

• Cause the death of another person or a third person.
• Showing a depraved indifference to human life, creates a grave risk of death to another person and causes their death.
• Causes the death of a person while committing violent felonies, including robbery, burglary, kidnapping, arson, rape, etc.
• Causes the death of a police officer, peace officer, or correctional officer who was engaged in official duties.

Penalties:

• Mandatory minimum sentence of 15 years in prison
• Maximum sentence: life in prison

Murder in the First Degree

A person is guilty of murder in the first degree when they commit intentional murder (intent to kill) under one or more aggravating circumstances:

• Intentionally causes the death of a police officer, peace officer, or correctional officer in their official duties, a judge, a witness, or a prosecutor.
• Commits murder in exchange for money or something of value.
• Hires another person to commit the murder.
• Has previously been convicted of murder in the first or second degree.
• Kills more than one person as part of the same criminal transaction or within a period of time.
• Kills the victim in a particularly cruel or heinous manner.
• Intentionally kills a child under 14 with aggravated cruelty.
• Commits a murder as part of an act of terrorism.

Penalties:

• The maximum sentence is life imprisonment without the possibility of parole.
• Minimum sentence (if parole is allowed): 20–25 years to life.

Manslaughter in the Second Degree

In New York State, manslaughter in the second degree is covered under Penal Law § 125.15. It is a Class C felony. A person is guilty of manslaughter in the second degree if they:

• Recklessly cause the death of another person
• Intentionally cause or aid another person to commit suicide
• Perform an unlawful abortion that results in the death of a pregnant woman after 24 weeks of pregnancy, unless it was a legally sanctioned medical procedure.

Penalties:

• Class C Felony: Punishable by 1 to 15 years in prison.
• Fines and probation may also be imposed.
• Sentence severity depends on criminal history and case details.

Manslaughter in the First Degree

Manslaughter in the first degree, defined under Penal Law § 125.20, is a Class B felony in New York State. A person is guilty of manslaughter in the first degree when they:

• With intent to cause serious physical injury to another person, cause the death of such person or a third person.
• With intent to cause the death of another person, they cause the death of such person or a third person under the influence of extreme emotional disturbance, which does not constitute as murder. 

Penalties:

• Up to 25 years in prison
• Fines up to $30,000
• Probation for up to 5 years

Criminally Negligent Homicide

Criminally negligent homicide, defined under Penal Law § 125.10, is a Class E felony in New York State. It involves causing the death of another person by criminal negligence.

Penalties:

• Up to 4 years in prison
• Fines up to $5,000 or double the defendant’s gain from the crime
• Probation for up to 5 years

Aggravated Criminally Negligent Homicide

Aggravated criminally negligent homicide, as defined under Penal Law § 125.11, is a Class C felony in New York State. This charge involves causing the death of a police officer or peace officer through criminal negligence while the officer was performing official duties.

Penalties:

• 1 to 15 years in prison
• Fines up to $15,000 (though not always imposed)
• Probation may be imposed if no prison sentence is ordered

Vehicular Manslaughter in the Second Degree

Under NY Penal Law § 125.12 A person is guilty of vehicular manslaughter in the second degree when they cause the death of another person while:

• Driving a motor vehicle while intoxicated (DWI) or impaired by drugs
• Driving a commercial vehicle with a BAC of 0.04 or more
• Operating a motor vehicle with criminal negligence while intoxicated or impaired by drugs

Penalties:

• Up to 7 years in prison
• Fines ranging from $2,000 to $10,000
• Probation for up to 5 years

Vehicular Manslaughter in the First Degree

A person is guilty of vehicular manslaughter in the first degree when they commit the crime of vehicular manslaughter in the second degree, and:

• Have a BAC of .18 or more
• Have a previous DWI conviction within the past 10 years
• Cause the death of more than one person
• Cause the death of one person and serious physical injury to at least one other person
• Have a previous conviction for vehicular manslaughter in the second degree

Penalties:

• This is a Class C felony
• Up to 15 years in prison
• Fines ranging from $5,000 to $15,000
• Probation for up to 5 years

Aggravated Vehicular Homicide

Aggravated vehicular homicide, as defined under Penal Law § 125.14, is a Class B felony in New York State. This charge involves causing the death of another person while operating a motor vehicle in an intoxicated or impaired state, under certain aggravating circumstances:

• Have a BAC of .18 or more;
• Have a previous DWI conviction within the past 10 years
• Cause the death of more than one person
• Cause the death of one person and serious physical injury to at least one other person
• Have a previous conviction for any vehicular assault or vehicular homicide offense

Penalties:

• Up to 25 years in prison (no mandatory minimum sentence)
• Fines may be imposed, depending on the case, with a potential range of $5,000 to $100,000.

Defense Strategies for Homicide Charges

Facing a homicide charge is undoubtedly a stressful experience. However, a charge is not a conviction. At the Law Offices of Mehdi Essmidi, we use different defense strategies in our defenses:

Self-Defense: Self-defense is a common strategy in homicide cases. If you were protecting yourself or someone else from an immediate threat of harm, you might be justified in using deadly force. This defense requires showing that you believed the force was necessary, the threat was imminent, and your response was proportional to the threat.

Lack of Intent: Many homicide charges require proof of intent to kill or cause bodily harm. If we can show that you did not have this intent—for example, if the death was accidental—we may be able to get your charges reduced or dismissed.

Insanity or Mental Illness: The insanity defense is complex and often misunderstood, but it can be effective in certain cases. If you were suffering from a mental illness at the time of the alleged crime and did not understand what you were doing or that it was wrong, this could be a viable defense.

Mistaken Identity: In some cases, defendants are wrongfully accused due to mistaken identity. This could occur due to faulty eyewitness testimony, misleading evidence, or bias in the investigation process. If there’s reason to believe you’ve been wrongly identified as the perpetrator, this could be a strong defense. 

Challenging Forensic Evidence: Forensic evidence—such as DNA, fingerprints, or ballistics—is often seen as irrefutable. However, this evidence might be challenged on various grounds, including improper collection or handling, contamination, or incorrect interpretation.

Alibi Witnesses: If you were somewhere else when the crime occurred and can prove it, this is one of the strongest defenses available. Alibi witnesses can testify to your whereabouts at the time of the alleged crime, providing a powerful counter to the prosecution’s case.

Contact Us for a Free Consultation

Facing a homicide charge is not easy, but you don’t have to face it alone. With experience as former prosecutors, our criminal attorneys are committed to providing the aggressive, experienced, and dedicated legal representation you need during this challenging time.

From the moment you hire our services, we start building a defense strategy tailored to your unique situation. Our murder defense involves going over the details of your case, challenging the prosecution’s evidence, and working to protect your rights.

Remember, a charge is not a conviction. With the right legal representation, it’s possible to fight for the best possible outcome for your case. Contact us today for a free consultation. 

FAQs

What is the difference between first-degree and second-degree murder?

In New York, first-degree murder typically involves an intentional killing under specific circumstances, such as killing a law enforcement officer or committing murder for financial gain. Second-degree murder is also an intentional killing, but without aggravating factors that elevate it to first-degree. The penalties for either charge include a prison sentence, and in the most extreme cases, the death penalty may be considered in federal cases.

Can I claim self-defense in a murder charge?

Self-defense may be a valid legal defense if you can prove that you used force to protect your own life from imminent danger. A criminal defense lawyer can help investigate whether you meet the legal requirements for self-defense under criminal law, as well as the burden to show that your response was reasonable under the circumstances.

Should I hire a criminal defense lawyer if I am being charged in federal court?

Yes. If you are facing charges in federal courts, you need a criminal defense attorney with experience handling federal cases. Federal charges often carry serious penalties, and the prosecution has extensive resources. Choosing a skilled NYC homicide lawyer can make all the difference in the outcome of your case.