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May 2, 2017

New York Penal Law 125.15: Manslaughter in the second degree

Causing death to another person is a serious offense, and it’s one that’s made more complex with New York laws. Manslaughter in the second degree is the act of taking another person’s life, but it’s not necessarily the act of doing so with intent. When a person is accused of killing another person under this penal code, it might mean they did so without the intent. If it’s intentional, it’s murder. If it’s unintentional, it’s still death. It’s typically a situation that involves some sort of negligence, recklessness, or even a moment of serious passion. When someone dies because of poor decisions, it’s manslaughter.

In New York, this is considered a class C felony. The prison sentence for this kind of criminal act is up to 15 years per count. If a person causes unintentional death to three people and is found guilty of all three deaths, this person might be sentenced as long as 45-years in prison if the maximum sentence is issued. A NYC criminal lawyer must be able to prove the person who caused the accident or incident in which people were killed was not to blame for the instance, and he must use one of the acceptable defenses found in this type of felony case. It’s not always easy because the law is so complex.

Examples of Manslaughter in the Second Degree

There are endless examples of someone who intends to go out and murder someone for the sake of taking their life, and there are those who don’t intend to cause harm or death to someone else. An excellent example of manslaughter in the second degree is a person who is racing home from work driving over the speed limit, weaving in and out of traffic, and blowing through red lights and stop signs without slowing all the way day because he or she is late.

If that person accidentally hits another car or pedestrian and someone else is killed, it’s manslaughter in the second degree. The driver of the car didn’t intend for anyone to become injured or even killed, but it happened. He or she was driving recklessly and negligently ignoring the law, but he or she did not intend for someone’s death to occur as a result of their actions. The same goes for someone who is driving under the influence, someone who shoots an intruder to stop them from breaking into their home, or someone who does anything without the intent of taking the life of another person.

Defenses

It’s not easy to defend yourself when your actions caused the death of someone else. However, if you can prove that you were unable to cause someone’s death by reckless or negligent behavior because your actions were neither, you can defend your case. There might be a point when you realize the brakes on your car failed as you tried to stop before hitting another vehicle. You were neither reckless or negligent, but you did cause someone’s death.

There are instances in which a manslaughter in the second degree case is overturned and no one is found guilty. While the act of taking another person’s life by accident is punishable by law, it’s not always an easy case to prove. Even if the person who died took his or her own life, another person can be accused of manslaughter in the second degree if he or she was intentionally rude, hateful, or encouraging of this behavior. It happens more than many people care to admit, and it’s not something everyone is sent to prison for with the right defense.

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Queens

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Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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Brooklyn, NY 11201

Phone

888-977-6335

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