call for a free consultation 212-300-5196

AS SEEN ON



Todd Spodek - Mentioned in The Media

watch more videos

New York Penal Law 125.22: Aggravated manslaughter in the first degree

What Is Aggravated Manslaughter In The First Degree?
When you think of manslaughter, you might think of a homicide without the intent to kill someone. While this is a component of aggravated manslaughter, there are a few more elements that need to be addressed in order to understand the charge that arises. The defendant is charged with first-degree aggravated manslaughter when there is an intent present to cause a serious physical injury to a peace officer or a police officer. The threat of physical injury is present when the officer is on duty. Prosecutors will need to be able to show that the defendant knew that the victim was an officer of the law and that the actions caused the death of that officer.

Another element to consider is that the defendant has an intent to cause the death of the officer while the officer is performing duties that are described by the law. However, the acts don’t constitute a murder because the defendant acts under an influence of an emotional issue. This is where the difference lies between murder and aggravated manslaughter. There is no clear thought process of slaying the officer, but actions that the defendant takes part in will result in the death, or could result in the death, of the officer.

There is another issue that could relate to this charge. The prosecution could charge the defendant with aggravated manslaughter in the death of a citizen instead of a police or peace officer. The defendant would take part in activity that can knowingly cause the death of another and still participates in that activity anyway. The charge is considered a class B felony. It’s not at the top of the list of felonies, but the defendant can still be punished with up to 20 years in prison and $200,000 in fines. First-degree manslaughter is often sought when the defendant is trying to get away from a police officer either in a car or on foot.

Examples
An example that would be easy to understand is if a spouse comes home to discover that the other spouse is having an affair. Seeing the activity, the spouse kills the other spouse or the person who the person is with. This is considered a crime that takes place in the heat of passion in some situations as the defendant doesn’t intend to really kill anyone, but death occurs because of actions that take place.

Another example would be if someone robs a store and runs from the police. The person would get into a car and hit an officer while trying to get away, killing the officer who is on duty. This would be considered manslaughter instead of murder as the intent was not to kill the officer, but the officer was killed anyway because of the action of fleeing from the scene by the defendant.

Common Defenses
There are several defenses that can be used when it comes to aggravated manslaughter. A NYC criminal attorney can declare that the defendant didn’t intend to kill anyone and only provoked thoughts of harm. Another defense would be that the defendant was forced to commit a crime or that the defendant acted under the influence of some kind of drug or a mental condition that prevented the clear thinking of the actions that took place.

New York Penal Law 125.21: Aggravated manslaughter in the second degree

The New York Penal Code takes a firm stance in cases involving police officers who are injured or killed in the line of duty. Aggravated manslaughter in the second degree is one of the crimes that can be charged when a police officer is killed under a specific set of circumstances.

Elements of Aggravated Manslaughter in the Second Degree

Aggravated manslaughter in the second degree is not a crime that requires a showing of intent. In other words, a person can be charged with aggravated manslaughter in the second degree without a demonstration that he or she intended the death of the victim.

A person can be charged with aggravated manslaughter in the second degree based on reckless conduct. Specifically, a person can be charged with this crime if he or she engaged in engaging in conduct that reasonably could be considered reckless, conduct with the potential of causing the death of someone else.

The law also requires that a person charged with aggravated manslaughter in the second degree must have been aware that the victim was some type of law enforcement or peace officer. In the alternative, even if the person causing the death lacked actual knowledge that the victim was a police officer, he or she reasonably should have known that was the status of the victim.

Examples of Aggravated Manslaughter in the Second Degree

An example of aggravated manslaughter in the second degree involves a situation in which a person was pulled over by a police officer while driving. The driver had been drinking and wanted to avoid getting a DUI charge. Therefore, immediately after pulling over, he speeds away.

While pursuing the driver, the police officer ends up involved in a one-car accident that takes the officer’s life. The driver of the vehicle fleeing from the police could face a aggravated manslaughter in the second degree charge.

Another example involves a woman who takes the police on a high-speed chase, without stopping. One of the patrol cars involved in the pursuit ends up overturning, killing the police officer. In this situation, a person could be charged with aggravated manslaughter in the second degree.

Sentence for Aggravated Manslaughter in the Second Degree

aggravated manslaughter in the second degree is classified as a class C felony. A person convicted of this crime can face a term of incarceration of up to 15 years in prison. A judge could also impose a hefty fine. There is no mandatory minimum sentence for this crime in the state of New York.

Defenses for Aggravated Manslaughter in the Second Degree

A defense to a charge of aggravated manslaughter in the second degree is demonstrating that the perpetrator’s conduct was not reckless. Laying out a defense based on a contention that certain conduct was not reckless is best accomplished through an experienced NYC criminal lawyer.

Another possible defense in a case involving aggravated manslaughter in the second degree is based on the statute of limitations. The statute of limitations sets a specific time period during which a aggravated manslaughter in the second degree case must be filed by a prosecutor. If the deadline is missed, a defense can made that the case must be dismissed for violating the statute of limitations.

A criminal defense lawyer will schedule what is known as an initial consultation. During an initial consultation, legal counsel will provide a case evaluation. In addition, a criminal defense attorney will provide answers to any questions a person facing criminal prosecution might have regarding a charge for aggravated manslaughter in the second degree. There is no charge for an initial consultation in a aggravated manslaughter in the second degree case.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.

  • By filling out our form, you give us permission to email you, and communicate with you via e-mail, in the future through email marketing campaigns.
Call Now Button