Murder Defense in Staten Island
Facing a murder charge can be one of the most challenging and confusing times in someone’s life. Trust criminal defense attorney Mario Gallucci to navigate your case with expertise and skill.
Under common law, murder is defined as an intentional killing that was both unlawful and committed with “malice aforethought.” There are no doubts surrounding the fact that murder is a serious crime, often resulting in severe penalties. If you have been charged with or accused of murder, you must seek out legal assistance from a criminal defense attorney who is well versed in defending those charged with this crime. Mario Gallucci has over 30 years of experience in criminal defense, having represented several high-profile clients during some of the largest cases in New York, New Jersey, and the federal courts.
What is Murder?
Murder is the intentional and unlawful killing of another person. Murder is one of the most serious crimes one can be charged with. It is a Class A-1 felony that can lead to life in prison without the possibility of parole and even has the potential for the death penalty in some states. A murder charge does not mean one is guilty of murder, but it does mean that the accused will need to fight the charge with the help of an experienced criminal defense attorney.
Degrees of Murder
There are two degrees of murder, and each case is classified depending on the intention of the murder and the way it was committed. The degree of murder can also depend on the state and country in which the crime is committed.
First-degree murder is the most serious. This charge is defined as the unlawful and intentional killing of another person that has been premeditated. This means the accused is being charged with planning the murder with the intent of killing.
Second-degree murder is the intentional and unlawful killing of another person, however, the killing was not premediated. This might mean that the accused is being charged with killing someone, but did not plan to kill someone. For example, if the killing occurred due to extreme indifference to human life or was only meant to cause serious bodily harm.
Homicide vs. Murder
“Homicide” and “murder” are often used interchangeably. However, the words refer to separate and different crimes. Homicide is the (sometimes accidental) killing of another person. Murder is the intentional killing of another person. Yet regardless of whether the prosecution charges you with either of these crimes, the penalties against you are severe. Experienced homicide lawyers in NY and NJ can build a solid criminal defense for you if you are charged with any of the offenses listed below:
- Criminally negligent homicide
- Aggravated criminally negligent homicide
- Vehicular manslaughter
- Aggravated vehicular homicide
- Aggravated murder
What are the Penalties of Murder?
Murder is one of the most serious offenses with which a person can be charged. A Class A-1 felony, murder is punishable by life in prison without the possibility of parole. Many states have mandatory minimum sentences for murder, and sentences for first-degree murder are almost always higher than those for second-degree murder. First-degree murder charges can sometimes lead to the death penalty as well. However, neither New York nor New Jersey utilizes the death penalty. Murder charges, even when the death penalty is not considered, can still lead to life in prison. Combating a murder charge requires competent, experienced, and aggressive counsel. The Gallucci Law Firm has a solid track record of defending both New York and New Jersey individuals charged with murder. Mario Gallucci has successfully defended those charged with murder and manslaughter in his 30-year career.
Building a Defense Against a Murder Charge in New York
In the most basic sense, murder is the crime of willfully killing another human being. Defending against murder charges can be a difficult and trying task because the state, having a duty to protect the public from violent offenders, will use every weapon in its arsenal to obtain a conviction. The Gallucci Law Firm fully understands the techniques and tactics used by the prosecution and is prepared to build a solid defense for you. Below are some of the issues that must be dealt with in an NYC murder case:
- Pleading requirements: Generally, the crime of murder has two important elements: the defendant intended to kill the victim and the defendant did kill the victim. If the defendant did not intend to kill the victim, then the defendant is usually found guilty of a lesser crime such as manslaughter. The term is often used because there are a few variations on this theme in New York. The plainest variation is the felony murder law. This law allows a defendant to be charged with murder if the defendant unintentionally caused the death of an innocent person during, or immediately after, the commission of certain serious felonies including kidnapping, arson, rape, and burglary. Like most crimes in New York, murder is separated into degrees based on several aggravating factors.
- Discovery Issues: Depending on the nature of the crime, the discovery process in a murder case can be quite extensive. Because murder is the most serious of all crimes, the prosecution can be expected to utilize every conceivable type of evidence at its disposal including exhaustive crime scene forensic evidence, DNA evidence, blood type analysis and ballistics, and other weapons evidence. Other important discoverable materials may include witness statements, police reports, video and photographic evidence, and expert reports.
Call a Criminal Defense Lawyer Today to Fight Murder Charges
If you have been accused of or charged with murder in New York or New Jersey, you need a successful criminal defense attorney to help you fight these charges. The sooner you can connect with us, the better your chances are at maintaining your innocence. At The Gallucci Law Firm, we will fight to defend your rights and build you a solid criminal defense. Defending against a murder charge is a difficult but attainable goal. If you or someone you love is arrested for murder, let The Gallucci Law Firm provide you with competent counsel.
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Murder Defense Attorney in NY and NJ
Fighting a murder charge requires a highly skilled defense lawyer. Mario Gallucci of The Gallucci Law Firm has over thirty years of experience in criminal defense and litigation, including defending those who have been charged with murder in New York and New Jersey. Our law firm understands the tactics used by the prosecution and can determine the best course of action for your unique case. Through experience and research, we’ll make sure to protect you throughout your investigation – always looking out for your rights. If you’ve been accused of murder in the first or second degree, please contact our office to schedule a consultation so we can discuss your case further.
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Mario Gallucci proudly provides expert legal assistance to those throughout New York and New Jersey.