Manslaughter Defense Lawyer in New York
If you have been charged with or accused of manslaughter in New York or New Jersey, you need an experienced criminal defense attorney like Mario Gallucci by your side who will fight for your rights every step of the way.
Under the law, manslaughter is recognized as a homicide less culpable than murder, as it is the act of killing another human being without malice or aforethought. Unlike murder, manslaughter often involves the loss of life as a direct result of another person’s negligence, recklessness, or disregard for human life. Manslaughter is often situational and can be further broken down into two subtypes: voluntary manslaughter and involuntary manslaughter. If you are being investigated for manslaughter charges, you need a legal advocate that you can trust with your life.
What are the Different Types of Manslaughter?
While manslaughter penalties are generally less severe than those for murder, it is still a serious crime. Manslaughter cases can be categorized as either voluntary or involuntary, and the categorization can have an impact on the way the case is viewed and what the potential consequences will be.
Voluntary manslaughter is seen as a “crime of passion” brought on by provocation. In voluntary manslaughter cases, a person of sound and reasonable mind is often pushed or provoked past the point of rationality and the ability to control emotions. A classic example of voluntary manslaughter is the husband who kills his wife upon finding her in bed with another man. Certain mitigating circumstances can be present when voluntary manslaughter is committed, such as if the person killed with an intent to only cause serious bodily harm. Sentences and penalties for voluntary manslaughter can vary and are often left up to the judge presiding over the case.
Involuntary manslaughter can be more difficult to define and often involves death as a result of reckless action or poor judgment. For example, a parent may make the poor decision to leave their young child unattended in a car on a hot day, resulting in the untimely and unfortunate death of said child. Other instances of involuntary manslaughter include death resulting from the accidental or reckless use of a firearm, driving while intoxicated, driving while distracted, improper or inaccurate prescription of drugs, or death that occurs while another crime is being committed (such as during a robbery).
What is Vehicular Manslaughter?
Included under the umbrella of manslaughter is vehicular manslaughter, which is when a driver unintentionally causes an accident that results in the death of passengers, occupants of other cars, or pedestrians. This charge is utilized when the driver was under the influence of drugs or alcohol or was driving in a reckless or careless manner. Each state has different guidelines for what constitutes vehicular manslaughter. Before this was an official criminal charge, those who committed it were simply charged with manslaughter. Now that it is its own charge, it generally carries lesser penalties than other manslaughter charges. In certain states, however, vehicular manslaughter charges that involve drugs or alcohol may carry more severe penalties.
What are the Penalties for Manslaughter?
As stated previously, manslaughter is not punishable to the same severity as murder, but it is still a serious crime that is often accompanied by jail time and fines.
Manslaughter Penalties in New York
New York State views manslaughter in the levels of first and second-degree. The charge may be increased to aggravated manslaughter if someone kills a police officer through their reckless actions. According to New York law, acting recklessly means that the individual is “aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists.” Manslaughter charges in NY can lead to several years of jail time.
Manslaughter Penalties in New Jersey
In New Jersey, manslaughter is considered a second-degree crime, punishable by up to 20 years in prison and considerable fines. Aggravated manslaughter is considered a first-degree crime and can lead to a prison sentence of up to 30 years. In cases of vehicular manslaughter, the driver’s license or registration may be revoked for a certain period.
Importance of Finding a Trustworthy Criminal Defense Lawyer
If you or someone you know has recently been arrested on manslaughter charges or has been accused of manslaughter, it is of the utmost importance that you hire an expert criminal defense attorney adept at handling manslaughter cases. These cases can be complicated to understand and navigate and you will need an experienced legal advocate that you can trust to fight for your rights.
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Contact our New York Office for Expert Manslaughter Defense
At the Gallucci Law Firm, Mario Gallucci has accrued over 30 years of experience winning high-profile and often complicated criminal defense cases. As a renowned criminal defense attorney, he has a lengthy track record of safeguarding the life and reputation of his clients against serious charges, including manslaughter. Mario Gallucci and our associates spend long hours working tirelessly on each case to make sure your defense is the best it can be. Through extensive interviews, we will customize your defense based on the facts and evidence of your case to put you in the best position possible. To schedule a consultation so we can review and discuss your case and determine the best next steps, please contact us at our New York office today.
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The Gallucci Law Firm provides legal support for the following areas in New York and New Jersey: