Manslaughter Defense Lawyer in New York

Yes, manslaughter is a felony in both New York and New Jersey. Manslaughter is divided into degrees, with first-degree manslaughter being the most serious and often involving intentional or reckless actions leading to death. Second-degree manslaughter typically involves criminal negligence, such as failing to perceive a substantial risk that results in death. Both degrees carry significant prison sentences, fines, and a permanent criminal record.

In New York, manslaughter in the first degree is a class B felony and manslaughter in the second degree is a class C felony. In New Jersey, aggravated manslaughter is considered a first-degree felony, while “reckless” or “heat of passion” manslaughter is listed as a second-degree felony. More information about the implications of these charges can be found below.

Negligence in a manslaughter case refers to a failure to exercise the level of care that a reasonable person would under similar circumstances. This could include actions like leaving hazardous conditions unaddressed, ignoring safety protocols, or operating a vehicle recklessly. In both NY and NJ, negligence that results in a fatality may lead to criminal charges, especially if the actions were grossly irresponsible. Charges for negligent homicide are generally lesser than those for other degrees of manslaughter, but this charge can still result in several years of jail time and significant fines.

Yes, both NY and NJ recognize different degrees of manslaughter. Understanding the degrees and intricacies of a manslaughter charge is one of the many reasons why those charged with this crime should rely on the expertise of a criminal defense attorney. Each degree of manslaughter has different penalties, and either of them can be increased to aggravated manslaughter if certain circumstances apply. 

• First-degree manslaughter: Intentional or reckless conduct that causes death, such as killing in the heat of passion or while acting under extreme emotional disturbance.
• Second-degree manslaughter: Involves deaths caused by criminal negligence, such as failing to secure a dangerous object or reckless handling of a firearm.

A crime of passion occurs when someone acts impulsively under intense emotional distress. In these cases, something provoked the defendant, leading them to commit the act in question. “Heat of passion” cases that involve a killing are generally considered voluntary manslaughter rather than murder, because there was no premeditation. Examples include: 

• Discovering a spouse’s infidelity and responding violently.
• Acting in the heat of a sudden argument that escalates into violence.
• Reacting to a sudden, shocking provocation, such as an assault.

Adequate provocation is a legal standard referring to circumstances that would cause a reasonable person to lose self-control. Examples include being physically attacked, finding a loved one harmed, or being subjected to extreme threats. This reaction must occur immediately after the provocation to qualify for this defense. Someone found guilty of a crime with adequate provocation may have their punishment or sentence reduced. Similar to crimes of passion, charges with adequate provocation are not considered murder because the person’s actions were a result of the provocation they experienced.

Yes, manslaughter can be accidental if the death resulted from reckless or negligent actions. For instance, driving under the influence of alcohol or mishandling dangerous equipment could lead to an accidental death and result in a charge of involuntary manslaughter. A defendant may start out with a charge of voluntary manslaughter but end up with a reduced charge of involuntary manslaughter if they can prove that their actions were unintentional and the death was an accident.

Yes, with the right legal representation, manslaughter charges may be reduced to lesser offenses, such as criminally negligent homicide, or dismissed entirely if there is insufficient evidence. Plea bargains and mitigating circumstances, such as no prior criminal history, can also help in reducing charges. In many cases, defendants and their attorneys work to reduce murder or homicide charges to manslaughter. Even if your manslaughter charge cannot be reduced, your criminal defense attorney will fight to lessen your sentence and defend your rights throughout the trial.

Yes. An experienced criminal defense attorney is crucial for defense against a manslaughter charge. When you work with Mario Gallucci of The Gallucci Law Firm, he will help you navigate the complexities of your case while analyzing evidence, negotiating plea agreements, and presenting mitigating factors to reduce charges or minimize penalties. Without legal guidance, you risk severe consequences, including long-term imprisonment. Mario Gallucci is proud to be a top criminal defense attorney in the NY and NJ area, and the only Staten Island lawyer to be peer-selected to Super Lawyers. We are here to provide the experienced and committed defense you need – contact us for a free consultation today.