New York Homicide Defense Lawyer

The most serious type of homicide is first-degree murder, which is classified as the highest level of criminal offense due to the severity of the crime. This charge applies when the homicide is premeditated and intentional, meaning the accused planned the killing in advance and carried it out with the deliberate intent to cause death.

In both New York and New Jersey, aggravating factors can elevate a homicide to first-degree murder. These factors include the killing of a police officer, committing murder during another serious felony (like robbery or sexual assault), or targeting the victim due to race, religion, gender, or another protected characteristic. Convictions for first-degree murder often result in life imprisonment without the possibility of parole.

Homicide is considered justifiable when it occurs under circumstances that are legally recognized as self-defense or defense of others. In both New York and New Jersey, the person accused of the homicide must demonstrate that they had a reasonable belief that deadly force was necessary to prevent imminent death or serious bodily harm. Whether or not the person had reasonable means to escape the confrontation without using deadly force also plays a role in homicide convictions in New York and New Jersey.

• In the state of New York, under the Castle Doctrine, individuals are not required to retreat if they are in their own home and reasonably fear for their lives. However, retreat is necessary in public spaces, unless doing so is unsafe.
• In the state of New Jersey, the law imposes a duty to retreat, meaning individuals must make every reasonable effort to escape the situation before resorting to deadly force, unless they are in their own home. Even within a home, deadly force is justifiable only when the threat is immediate and unavoidable.

Culpability, or responsibility for wrongdoing, plays a crucial role in homicide cases. It refers to the person’s state of mind when they committed the act in question – asking whether or not a person should be charged with the crime based on their mental state. NY and NJ recognize four levels of culpability based on intent and circumstances of a homicide:

• Purposeful: The accused deliberately planned and carried out the killing, knowing the result would be fatal. This applies to charges like first-degree murder. 

1. 1. 1. Felony murder charges apply when the killing occurs during the undertaking of another serious crime, such as robbery, sexual assault, or arson, even if the death was unintentional. In NY and NJ, felony murder carries severe penalties, often comparable to intentional homicide.

• Knowing: The accused was aware that their actions could cause harm or death, but engaged in them regardless. 
• Reckless: The accused acted with extreme disregard for human life, creating a significant and unjustifiable risk of death. This can lead to charges such as second-degree murder or manslaughter.
• Negligent: The death resulted from the accused failing to act with the reasonable care expected in a situation, leading to charges like criminally negligent homicide or involuntary manslaughter.

Vehicular homicide, or vehicular manslaughter, occurs when someone causes the death of another person through the reckless or negligent operation of a vehicle. Some common examples include driving under the influence of alcohol or drugs, excessive speeding, or driving while distracted, such as texting behind the wheel. In both NY and NJ, vehicular homicide is a serious offense that can result in significant prison time, fines, and a permanent criminal record. Aggravating factors, like multiple fatalities or driving without a valid license, can lead to harsher penalties. 

This charge covers all motorized vehicles, including cars, motorcycles, boats, and even certain aircraft.

In homicide cases, the prosecution relies on various types of evidence to prove guilt beyond a reasonable doubt. Mario Gallucci regularly works with accused individuals facing various types of evidence in court, creating personalized defense strategies for each individual. Common types of evidence presented during homicide cases include:

• Witness Testimony: Eyewitness accounts, statements from bystanders, or expert testimony regarding the crime.
• Physical Evidence: Items found at the crime scene, such as weapons, fingerprints, and bloodstains, which can link the accused to the crime.
• Medical Evidence: Autopsy reports and cause of death findings.
• Forensic Evidence: Analysis of DNA, ballistics, or digital forensics.
• Digital Evidence: Surveillance footage from security cameras, body cams, or dash cams, which can capture the crime or events leading to it.
• Circumstantial Evidence: Motive, opportunity, and other indirect evidence.

There are several defenses that can be raised against a homicide charge, depending on the specific circumstances. Each individual’s defense strategy should be tailored to the unique details of the case in order to achieve a positive outcome. Potential defenses against a homicide charge in NY and NJ include:

• Self-Defense of Defense of Others: Arguing that the killing was necessary to prevent imminent harm or death.
• Accidental Death: Demonstrating that the death occurred unintentionally without criminal recklessness or negligence.
• Insanity or Diminished Capacity: Claiming the accused lacked the mental state required to form intent due to mental illness or impairment.
• Alibi: Presenting proof that the accused was elsewhere at the time of the crime.
• Mistaken Identity: Providing evidence that the accused was not present or involved in the crime.
• Police Misconduct: Challenging illegal evidence collection methods, such as violations of the Fourth Amendment.

Yes, homicide charges can sometimes be reduced in both New York and New Jersey, often through plea bargaining or presenting evidence that the act was unintentional or lacked premeditation. For example, first-degree murder charges might be reduced to second-degree murder, manslaughter, or criminally negligent homicide. Lessening factors, such as the absence of prior criminal history or acting under extreme emotional disturbance, can also play a role in charge reductions.

Yes, hiring a lawyer is very important in a homicide case. These cases involve severe penalties, such as life imprisonment, and require a thorough understanding of criminal law and courtroom procedure. An experienced lawyer can evaluate the evidence, challenge the prosecution’s case, and develop a strong defense strategy personalized to the accused individual. Without proper legal representation, you risk significant harm to your case and your future. 

With his decades of experience and status as the only Staten Island lawyer peer-selected to Super Lawyers, Mario Gallucci provides the dedicated representation needed to protect your rights and fight for the best possible outcome. If you or someone you know is facing homicide charges, you can trust Mario Gallucci and The Gallucci Law Firm to handle your case with expert commitment and care.