It can be overwhelming to be accused of manslaughter. If you are under investigation or have been charged with manslaughter, it is imperative that you understand the law defined, your rights, and the possible outcome of a conviction. New York treats manslaughter as one of the most serious violent felonies, so it is crucial that you protect yourself and your future. Work with a knowledgeable New City violent crimes lawyer for legal representation during your case.

How is Manslaughter Defined in NY

Manslaughter is considered the unlawful killing of another person without malice or premeditation. It does involve the criminal loss of life, but it is not the same degree of severity as murder, which involves an intentional and planned killing.

In New York, you can be charged with first-degree manslaughter, second-degree manslaughter, first-degree aggravated manslaughter, or second-degree aggravated manslaughter. Each type of offense is described as follows.

  • First-degree manslaughter: With intent to cause serious physical injury to another person, causing the death of a person; or, with intent to cause the death of another person, causing the death of a person under the influence of extreme emotional disturbance; or, being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, recklessly crating a grave risk which causes the death of a person
  • Second-degree manslaughter: Recklessly causing the death of another person; or, intentionally causing or aiding a person to commit suicide
  • First-degree aggravated manslaughter: With intent to cause serious physical injury to a police officer or peace officer who was in the course of performing their official duties, causing the death of the officer; or, with intent to cause serious physical injury to a police officer or peace officer who was in the course of performing their official duties, causing the death of the officer under the influence of extreme emotional disturbance
  • Second-degree aggravated manslaughter: Recklessly causing the death of a police officer or peace officer in the course of performing their official duties

Each of these is considered manslaughter under New York law. Unlike murder, offenders charged with manslaughter did not act with an intent to kill, and the offense lacks malice aforethought.

What Are the Consequences of a Manslaughter Conviction?

The penalties that you incur for a manslaughter conviction vary depending on the type of offense you are charged with and the details of the situation. In general, sentencing will follow these guidelines.

First-degree manslaughter and first-degree aggravated manslaughter are generally charged as a Class B violent felony. These offenses can result in 5 to 25 years in prison, substantial fines, and additional consequences, like restitution to the victim’s family, suspension of a driver’s license, revocation of firearm rights, etc.

Second-degree manslaughter and second-degree aggravated manslaughter are considered Class C violent felonies. These convictions can yield 3 ½ to 15 years in prison as well as hefty fines and additional penalties.

If you have questions or concerns during your manslaughter case, reach out to a skilled attorney today.