New York Homicide Defense Lawyer

Homicide charges can be extremely stressful and difficult to navigate. Trust the legal expertise of Mario Gallucci and The Gallucci Law Firm to fight for your rights every step of the way.

According to law, homicide is the act of taking another human life. This term is then generally broken down into three different sub-categories: murder, manslaughter, and justifiable homicide. If you are facing a homicide charge, it can be frightening and overwhelming to figure out where to begin and who to turn to for help. It is best to begin by taking a step back and understanding what specific act you have been accused of and then turn to an experienced criminal defense attorney like Mario Gallucci to craft a personalized defense plan to protect your rights.

What are the Different Types of Homicide?

The way homicide cases are classified depends on the state in which they occur. In general, homicide cases fall into the three categories below. Homicide, which is considered to be the taking of another human life, includes lawful killing, intentional killing, negligent or reckless killing, and more. The type of homicide committed will shape the rest of the case and the potential penalties.


Murder is the intentional killing of another person and can be further broken down into first and second-degree murder. First-degree murder is generally viewed as the most serious and heinous of all crimes as it involves planning, forethought, and intent to kill. Second-degree murder involves intent to kill without prior planning. Felony murder occurs when there is death while a felony is being committed. 


Manslaughter is unique from the act of murder in that it does not involve planning or direct intent to kill. Rather, manslaughter results in the loss of life in direct correlation to another person’s recklessness, poor judgment, or disregard for human life. This can include unintentional killing while another crime (not a felony) is being committed, as well as vehicular manslaughter. 

Justifiable Homicide 

Justifiable homicide is blameless and suggests innocence on the part of the person who committed the act. This type of homicide indicates that the person who killed did so in self-defense to avoid bodily harm or death that may have been caused by the deceased. Justifiable homicide is not a specific legal charge but is considered to be a classification that certain cases can fall under. 

What are the Penalties for Homicide?

Homicide is not always considered a crime (for example, in cases of self-defense), but criminal homicide can have a wide range of sentences depending on the circumstances surrounding the killing. Penalties for the level of homicide (for example, murder) also vary from state to state. First-degree murder tends to have the most severe sentences across all states, including life in prison. In certain states, aggravated first-degree murder can lead to the death penalty. Second-degree murder charges do not usually result in life in prison, but will most often include prison time. Manslaughter penalties vary from state to state as well but are usually not as severe as murder penalties. Homicide charges can be very complex, which is why if you are charged, you will need an experienced and committed criminal defense attorney by your side to navigate your case.

What are the Penalties for Homicide in New York?

New York classifies felonies on a scale from “A” to “E,” with “A” being the most serious. This level is reserved for first and second-degree murder, as well as felony murder. Manslaughter charges are often assigned to the “B” level, while second-degree manslaughter is considered a “C” level felony. When it comes to homicide charges, the extent of the punishment is strongly influenced by the specific details of the killing and the mindset and intentions of the person who committed it. 

What are the Penalties for Homicide in New Jersey?

In New Jersey, penalties for first-degree murder tend to range from 30 years to life in prison. Certain circumstances, like killing an off-duty police officer, will result in a more severe sentence. Penalties for second-degree murder will depend on both aggravating and mitigating factors, which leads to a wide range of sentencing outcomes. Along with the types of homicide mentioned above, New Jersey also takes attempted murder charges very seriously, and they can have serious penalties as well. Neither New Jersey nor New York utilizes the death penalty.

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Finding a Reliable Criminal Defense Attorney for Homicide Charges in NY and NJ

Whether murder or a justifiable act, facing a homicide charge is a serious matter that should never be taken lightly. The most serious crimes require the most experienced attorneys. If you or someone you know has been suspected of or charged with homicide, it is best to seek legal counsel immediately from a seasoned homicide defense attorney who is familiar with your particular crime. It is important to hire a defense attorney with a proven track record who will work tirelessly to fight for your innocence and be capable of clearing your name.

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Homicide Attorney in New York

At The Gallucci Law Firm, Mario Gallucci has over thirty years of experience as a criminal defense attorney with a high success rate in negotiating resolutions and winning cases at trial. Mario Gallucci and our associates will combat your charges with proficient and boundless defense counsel. He is experienced in fighting passionately for his clients’ rights and has aggressively defended those charged with a variety of offenses. Constructing an accurate, credible defense against a serious murder charge takes expertise and dexterity, and we are prepared to craft a solid defense for your case. If you are looking for immediate legal assistance, contact us today and schedule a consultation so we can review your case and your potential legal options.

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