What Are Murder and Manslaughter in New York?

Murder and manslaughter are both tragic crimes that result in the death of one or more persons. However, while these offenses are often used interchangeably, there are significant and key differences between the two. For more information and to secure skilled representation, reach out to an experienced New City violent crimes lawyer today.

What is Murder?

Murder is the intentional or premeditated killing of another person. The offender typically plans the killing in advance or knows that their actions are likely to cause death. There are several levels of offenses when it comes to murder in New York, with first-degree being the most severe.

Under the Consolidated Laws of New York Section 125.27, a person can be found guilty of murder in the first degree when “With intent to cause the death of another person, he causes the death of such person or of a third person…” For the offense to be considered first-degree, certain aggravating factors must apply, such as the following.

• The intended victim was a police officer, peace officer, firefighter, EMT, or any other individual who was engaged in the performance of their official duties, and the defendant knew or reasonably should have known that fact
• At the time of the killing, the defendant was confined in a state correctional institution or had escaped from such confinement or custody while serving such a sentence and had not yet been returned to such confinement or custody
• The intended victim was a witness to a crime committed on a prior occasion, and the death was caused for the purpose of preventing the intended victim’s testimony in any criminal action or proceeding
• The victim was killed while the defendant was in the course of committing or attempting to commit certain felony offenses

There are many circumstances that may be considered first-degree, second-degree, or aggravated murder.

What is Manslaughter?

Manslaughter is generally defined as the unlawful killing of another person without premeditation or intent. Manslaughter in the first degree is outlined in Section 125.20 of the New York Consolidated Laws and includes the following.

• With intent to cause serious physical injury to another person, causing the death of such person or of a third person
• With intent to cause the death of another person, causing the death of such person or of a third person under circumstances which do not constitute murder because the offender acts under the influence of extreme emotional disturbance
• Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, recklessly engaging in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person

Manslaughter in the second degree involves the following actions.

• Recklessly causing the death of another person
• Intentionally causing or aiding another person to commit suicide

Both murder and manslaughter involve the loss of life, but the circumstances vary, and the offender’s intentions are drastically different between the two. If you are facing criminal charges in New York, work with a skilled defense attorney for representation.