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NY Penal Law 125.27 Murder in the First Degree

We’ll admit that the letter of the law can be just a bit complicated at times, and sifting through the penal code can be a hassle. In this post, we’re going to explain charges for the crime of murder in the first degree.

Murder in the first degree

As you might’ve seen in our other posts, there are a couple ways that you can be considered guilty of this particular crime. First of all, you’d have to cause the death of someone else with the intent to do so. If that happens, you need an NYC criminal attorney who can help you. Along with that, you’d also have to have either killed a police officer who was on duty while knowing this was the case, or killed a peace officer who was performing their duties, and you knew this was also the case, or if the victim was a firefighter, ambulance driver, physician, or other type of healthcare professional who was doing their job at the time of the killing, and you knew they were doing this. Another way to be considered guilty of this would be if the intended victim was an employee of a correctional facility, was doing their job, and you killed them knowing this was the case, or if you were in a correctional facility at the time of the killing and were sentenced for a term of your natural life, or on a sentence that had a minimum of fifteen years and the maximum was natural life, or if you’d escaped prison for such a sentence and then committed the crime. Another way this would apply would be if the victim was a witness to an earlier crime and you killed them in order to prevent them from exposing you in court, or if the victim had previously testified and this killing was done out of retribution, or the victim was a family member of a witness to a crime and the killing was done to influence the witness’s testimony, or even if the victim was a family member of someone who already testified against you and this was done as retribution.
There are a few other ways that you could be considered guilty of this crime. That would be if you committed the killing because of an agreement that someone else that they’d commit the same crime for you, or if you expected some sort of gain from this killing, or if you killed this person while you were committing or attempting to commit robbery, kidnapping, burglary, or other similar charges, or if you killed someone while trying to escape the scene of the crime of one of these previously mentioned crimes. This is all provided that the victim wasn’t participating in one of the crimes with you. Also, you’d be guilty of this if you caused the death of an additional person while engaged in this crime, or if you’d been convicted of murder before committing this killing. Lastly, you’d have to be over eighteen at the time of the crime to be guilty of murder in the first degree.
Now there are a few affirmative defenses that fall under this charge. One of these is if you acted under the influence of some extreme kind of emotional disturbance that there was a reasonable cause for. Another way would be if your conduct consisted of either causing or aiding someone else to commit suicide. Murder in the first degree is considered to be a class A-I felony.
So yes, the law can at times be complicated, confusing, even convoluted. That doesn’t mean, however, that it can’t be understood and used in your favor.  So if you’re facing some sort of legal trouble, or think that you might face something like this in the future, it would be best for you to get in touch with someone here at the firm. It’ll really be the best thing you do today.

NY Penal Law 125.25 Murder in the Second Degree

Let’s face it: When it comes to the letter of the law, the mountain of legalese you’ll find can often be very complicated and confusing. But just because it can be this way doesn’t mean it has to be this way. So in this post, we’re going to take a look at murder in the second degree and aggravated murder.

Murder in the second degree.

There are a few ways you can be considered to be guilty of murder in the second degree. One of these ways is if you cause the death of someone else with the intent to do so. The only thing is, there are a few affirmative defenses against this. These would come into play if you acted under the influence of some sort of extreme emotional disturbance that there was a reasonable cause for, which would be determined in your situation as you figured these circumstances to be. Another affirmative defense would be if your actual conduct somehow consisted of either causing or helping someone else to commit suicide.
So now that we’ve gotten those two affirmative defenses out of the way, let’s look at some more ways you could be considered guilty of this crime. Under some sort of circumstances that “evince a depraved indifference to human life,” you’d have to recklessly engage in something that creates some grave risk of death for someone else, and then actually cause that person’s death. Another way to be considered guilty would be if you commit or try to commit burglary, robbery, arson, rape, kidnapping, or other similar crimes either alone or with someone else, and then either during the crime or while escaping the crime scene, you or someone you’re acting with causes the death of someone else. In this case, it’d be an affirmative defense if you didn’t commit the actual act or in some way help the commission of the crime, and if you weren’t armed with a deadly weapon, or else some sort of substance or instrument that could cause death or serious injury. Also, if you had no reason to believe that anyone else you’re with was carrying a weapon, or if you had no reason to believe that anyone else you were with intended to engage in some sort of conduct that would actually cause death or serious injury. This particular crime will have you looking at a class A-I felony.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Aggravated murder

Now we’re going to be looking at aggravated murder. You’re considered guilty of this crime if you cause the death of someone else with, of course, the intent to do so, or if you killed someone under certain provisions of the law who was carrying out their official duties, or even if they were a police officer who was performing their duties at the time and you knew they were in fact a police officer, or if the victim was a peace officer who was performing their duties while you knew they were doing so, or if the victim was either a firefighter, paramedic, physician, or other sort of healthcare professional who was performing their duties while you knew they were doing this. Another way would be if the victim was an employee of a correctional facility who, again, was performing their duties while you were conscious of this fact. Now in order to be guilty of this, you’d have to be older than eighteen at the time of the crime. Yet another way to be guilty of this is to have killed someone who’s younger than fourteen with the intent to do so, and especially if you acted in an “especially cruel and wanton manner” and inflicted some sort of torture before the victim died. Aggravated murder is considered a class A-I felony.
As you can see, it’s important to fully understand the nature of the law before seeking counsel for some sort of legal issue you might be facing. While the law can at times be confusing, it doesn’t necessarily have to be that way. So get in touch with us today and we’ll get started on helping you out of your situation. It’ll be the best thing you do today.

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