Last Updated on: 15th October 2023, 01:34 pm

Staten Island Murder Manslaughter Lawyer

Murder vs. Manslaughter Charges

Let’s start by clarifying the difference between murder and manslaughter charges in New York.

Murder is defined as intentionally and unlawfully killing another person. There are two degrees of murder charges – 1st degree murder and 2nd degree murder. To prove 1st degree murder, prosecutors must establish the defendant acted with premeditation and a motive. 2nd degree murder does not require premeditation but does require intent to kill.

Manslaughter involves causing the death of another person recklessly or negligently, without intent. There are also two types – 1st degree manslaughter (intentional but not premeditated killing) and 2nd degree manslaughter (reckless killing).

The penalties for homicide charges vary drastically depending on the degree. 1st degree murder carries a mandatory life sentence in prison without parole. 2nd degree murder carries a sentence of 15-25 years to life. Manslaughter sentences range from 5-25 years.

With so much at stake, having an attorney who deeply understands these distinctions is critical.

Gathering Evidence in Homicide Cases

Homicide investigations involve extensive evidence gathering by police and prosecutors. Some of the evidence they may rely on includes:

• Motive: Establishing a potential reason why the defendant would want to kill the victim (financial disputes, romantic relationships gone wrong, etc.)
• Physical evidence: Blood, DNA, fingerprints, the murder weapon, crime scene analysis, autopsy reports
• Digital evidence: Cell phone records, computers, social media posts and messages
• Statements: Any statements made by the defendant, witnesses interviews
• Prior history: The defendant’s criminal record or history of violence

An experienced criminal defense lawyer will thoroughly analyze all the evidence, watch out for procedural mistakes by police, and challenge any questionable evidence.

Potential Defenses in Staten Island Homicide Cases

Some potential defenses that a skilled lawyer may use in fighting Staten Island murder or manslaughter charges include:

• Self-defense – Arguing the defendant only used necessary force to protect themselves or others from harm. The threat must be imminent.
• Extreme emotional disturbance – Claiming the defendant was under the influence of an extreme emotional disturbance when the act was committed. This can reduce a murder charge to manslaughter.
• Mistaken identity – Challenging whether the defendant is actually the person who committed the crime. Eyewitness misidentification is a common cause of wrongful convictions.
• False or coerced confession – Seeking to have an admission or confession by the defendant ruled inadmissible if it was given involuntarily or under duress.
• Intoxication – Arguing the defendant was too intoxicated to form the intent required to commit murder. Voluntary intoxication is not a defense for manslaughter.
• Alibi – Providing evidence the defendant was somewhere else at the time of the killing.

What to Expect When Facing Homicide Charges

If you’ve been arrested for murder or manslaughter in Staten Island, here’s a basic overview of what you can expect:

• You’ll be taken into police custody, read your Miranda rights, fingerprinted, and photographed. Police will seize your clothing and other personal items as evidence.
• Within 24 hours, you’ll be arraigned in criminal court and have bail set. The prosecutor will outline the charges against you.
• Bail conditions may include surrendering your passport, ankle monitoring, or house arrest. Your attorney may argue for lenient bail terms.
• There will be multiple court appearances over the next several months – status hearings, motion hearings, plea bargaining meetings, and trial.
• Your lawyer will request evidence from the prosecution through the discovery process and build a strong defense. Do NOT speak to police without your lawyer present.
• If negotiations fail, your case will go to trial before a judge or jury. Murder trials often take weeks or months.
• If convicted, you’ll return to court for sentencing. Your attorney will advocate for the minimum sentence under law.