NYC Murder in the Second Degree Lawyers
In New York, there are various types of crimes that may be charged when a loss of life results. This includes first degree murder, second degree murder, manslaughter and criminally negligent homicide. All of these are very serious offenses that can carry significant penalties, including prison time. If you have been accused of one of these charges, murder in the second degree lawyers can provide you with legal representation throughout all phases of the case.
Murder in the second degree can be charged when there is probable cause showing several different circumstances. This includes causing the death of a person, when there was intent to kill someone else. Also, if circumstances show depraved indifference to human life or the person recklessly engaged in conduct which created a grave risk of death to another person. In addition, second degree manslaughter may be charged when a death results during the commission of certain felony crimes.
Second degree manslaughter cases can be very complex and it is important that the defendant have an attorney to protect their rights. Because the potential penalties are so significant, a person charged with second degree murder should take great care to explore all potential defenses. Which defenses are available depends on the facts of each case. Murder in the second degree lawyers will be able to carefully examine a case and identify defenses to be raised.
Some defenses can be raised before a trial occurs. These defenses must be raised by filing motions and having court hearings to determine the outcome. In some situations, the court may decide that certain evidence must not be used in the case. If evidence is excluded, it makes the prosecution’s case more difficult to prove. In some circumstances, a case may be dismissed altogether. A criminal defense attorney will look for opportunities to raise pretrial defenses to potentially reduce your chances of conviction.
Other defenses can be raised at trial. For example, if the murder occurred as a result of you defending yourself, then you can present evidence and argue that self defense should prevent a conviction. You can also point out weaknesses in the prosecution’s case and argue that they have failed to prove the case beyond a reasonable doubt. The prosecution must be able to prove a variety of different elements through the presentation of witnesses and evidence.
Murder in the second degree lawyers can provide legal advice and representation throughout all stages of the case. If you are under investigation for a murder charge, you should immediately contact a criminal defense attorney, so you understand your rights and do not incriminate yourself. An attorney can be present with you when you are questioned by police. They can also advice you of when to exercise your rights, such as the right to remain silent.
If you are charged with a murder crime, an attorney can appear with you in court and argue on your behalf. This will include arguments about bond, pretrial motions, suppression hearings, and settlement negotiations. If your case proceeds to trial, an attorney can present evidence and witnesses on your behalf. They can also raise objections to questions, argument and evidence raised by the prosecution. An attorney will cross examine the prosecution’s witnesses to try and draw doubt about the case.
If you are convicted of a murder offense, an attorney can assist with appeals and post-conviction requests. They will do what they can do help protect your rights.
Throughout any stage of a murder case, you should have legal representation from an experienced and qualified attorney. An attorney should be able to advise you of the likely outcomes, so you can make informed decisions about your case. If plea offers are made, an attorney can help you weigh whether to accept or reject the offer.
Murder in the second degree lawyers from Spodek Law Group, PC have experience representing clients charged with a variety of different offenses. If you are under investigation for a murder offense or have already been charged, a criminal defense attorney from Spodek Law Group, PC can help. Contact Spodek Law Group, PC to schedule an appointment and obtain answers to your questions about second degree murder and other New York crimes.
Murder Criminal Defense Lawyers
Murder is a difficult charge as it’s not just about the intentional killing of another person. While this is what most people think about when they think of murder, there are actually several degrees to consider, each with it’s own punishment options for the court to consider. The common degrees of murder include first and second. Some states will classify murder as justifiable homicide, capital murder or murder. The classification depends on whether the person intended to kill the victim or if it was done by accident. Punishments will increase with the higher degrees of murder, reaching to the possibility that someone is sentenced to death if they are convicted.
First-degree is the most serious murder offense. This would include the planning and malicious intent of killing someone. You would need to have a clear head when the crime is committed. Premeditation is also included in first-degree murder. This means that there was some kind of thought about the way to carry out the murder before the victim was seen. At times, you could have a plan in mind to kill someone while you’re with them, carrying out the plan shortly after talking to the victim. Either way, you had the clear thought in your mind that you wanted the other person dead and carried through with those thoughts. Malice is an important component in first-degree murder. The prosecutor has to be able to prove that you had an intentional thought of killing someone. An example would be finding out that someone you work with is planning on taking over the business. If you plan to go into the office and kill that person, then it’s with malicious intent. However, if you get into a fight and kill the person without planning to at the time, then there is no malicious intent involved.
Motive also is taken into consideration in most states. The court will look at the reason behind killing the other person. There are times when someone might kill another in self-defense or if the person feels threatened, such as if someone is trying to break into the home. Some motives carry a higher punishment than others, such as killing a police officer or killing someone based on their race or gender.
Second-degree murder is categorized by malice as well. The act is committed, but there is no premeditation involved. You would intentionally kill someone and know what you’re doing, but you wouldn’t have thought ahead about committing the act. An example would be a person who gets a gun out of a desk and shoots someone in the office. It’s considered second-degree murder because the person didn’t think before shooting.
Felony murder is another option when it comes to filing charges. This is when a murder is committed during the commission of a felony. The murder isn’t planned in advance. It’s a consequence of something else that happens. Most of these situations occur during a robbery. Someone might get scared during the robbery and fall, resulting in the person’s death. This would be considered a felony murder as the murder wasn’t really planned but happened while the robbery was taking place. Another example is if there are multiple people involved in a robbery and one of them kills someone in the business or home without the knowledge of the other people involved. Everyone would be charged with murder because the crime took place while the felony was being committed.
An attorney is the best option that you have when it comes to a murder charge. The attorney can look at the specifics and the reasons behind the murder and try to get the sentence reduced, working out a plea deal with the prosecution.