Last Updated on: 27th July 2023, 04:35 pm

Charged With First Degree Manslaughter in New York? How to Survive This Crisis

Hello there, friend. I know the shock and devastation you must be experiencing from facing a first degree manslaughter charge in New York. Take comfort – you’ve found a guide to help you survive this crisis.

My name is Todd Spodek, and I’m a Manhattan-based criminal defense attorney who has represented numerous clients accused of New York manslaughter in the first degree over my 20+ year career. I’ve seen time and again how these allegations turn lives upside down. The good news is, with an experienced legal defense, the outcome doesn’t have to be as hopeless as it may seem now.

In this article, I’ll explain exactly what first degree manslaughter entails under NY law, the potential penalties if convicted, and most importantly – the powerful defenses we can use to fight for your freedom. Keep reading for the critical insights that could save your future.

What is First Degree Manslaughter in New York?

Let’s start by looking at how New York law defines manslaughter in the first degree under NY Penal Law Section 125.20. A person commits first degree manslaughter when:

• With intent to cause serious physical injury to another person, he or she causes the death of such person or of a third person; OR
• With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance.

In non-legal terms, first degree manslaughter involves killing someone either intentionally without premeditation (second option above), or unintentionally in the course of intentionally trying to seriously injure them (first option).

It differs from second degree murder because you did not actually intend for the victim to die, even though your intentional violent actions led to their death.

Some common examples of first degree manslaughter allegations include:

• Committing an assault that unintentionally turns fatal
• Killing someone impulsively during an argument
• Causing an accidental deadly car crash while driving aggressively

If convicted, you’re facing 5 to 25 years in NY state prison. Clearly, the stakes could not be higher.

Powerful Defenses Can Defeat These Allegations

Given the extreme consequences, the pressure is on prosecutors to prove guilt beyond any reasonable doubt. This high burden of proof gives us opportunities to avoid conviction.

Here are some of the strongest defenses I frequently use to fight first degree manslaughter charges:

No intent to seriously injure – The key is the prosecution must prove you intended to inflict serious bodily harm. If evidence shows you had no intent to injure (such as acting reflexively in self-defense), this defeats the charges.

Self-defense – Evidence showing you acted proportionally in self-defense against an aggressor negates any intent to harm unlawfully.

False accusations – Witnesses or accusers may have motives to fabricate allegations against you. We can investigate and expose lies.

Misidentification – Likewise, eyewitnesses can be mistaken. Physical evidence or alibis may prove it was an unrelated person.

Accident – With involuntary manslaughter, we may argue the death was a pure accident and not the result of any criminal negligence.

Mental defect – Emotional disturbance, insanity or diminished mental capacity could defeat intent requirements.

My legal team leaves no stone unturned pursuing every possible defense like these to fight for our client’s freedom. The smallest detail or inconsistency could create the reasonable doubt needed to defeat the charges at trial or convince prosecutors to drop or reduce them.

Enlist an Aggressive NY Manslaughter Defense Attorney Now

If you or a loved one is facing accusations of first degree manslaughter, the most urgent action you can take is to call our experienced criminal defense firm in New York right away. The police and district attorney want to pin this on you quickly – don’t let that happen.

With my help fighting aggressively for your justice every single day, there is hope. Other clients of mine just like you have seen these charges reduced or dismissed altogether. Don’t suffer through this alone. Turn to compassionate legal experts ready to defend your future.

Call 24/7 or visit our website for emergency assistance. During this free consultation, we will start immediately formulating a defense strategy to protect your freedom and future. Stay confident – our justice system is built on the promise of presumed innocence backed by tireless defense. Let us fulfill that promise for you.

You are not alone. We’ve got this fight together.