What is considered homicide under New York law?

Under New York Penal Law Article 125, homicide includes all unlawful killings, such as murder, manslaughter, criminally negligent homicide, vehicular manslaughter, and aggravated homicide offenses.

What is the difference between murder and manslaughter in New York?

Murder generally involves intentional killing or depraved indifference to human life, while manslaughter applies when death results from recklessness, extreme emotional disturbance, or intent to cause serious physical injury rather than death.

What is felony murder in New York?

Felony murder occurs when a death happens during the commission or attempted commission of certain felonies such as robbery, burglary, kidnapping, arson, or rape. Intent to kill is not required for a felony murder charge.

What penalties apply for second-degree murder in New York?

Second-degree murder is a Class A-I felony. A conviction carries a sentence of fifteen years to life in prison, depending on the circumstances of the case.

What qualifies as first-degree murder in New York?

First-degree murder involves intentional killing with aggravating factors such as murdering a police officer, judge, or witness, murder for hire, killing during prior murder convictions, or killings involving torture.

What sentence applies for first-degree murder in New York?

First-degree murder convictions carry mandatory life sentences. The court may impose life without parole or a minimum term of 20 to 25 years to life before parole eligibility.

What is aggravated murder under New York law?

Aggravated murder applies when a defendant intentionally kills protected individuals such as police officers, correctional staff, emergency responders, or commits especially cruel killings involving torture or multiple victims.

What is manslaughter in the second degree in New York?

Second-degree manslaughter occurs when a person recklessly causes the death of another or intentionally assists suicide. It is punishable by up to fifteen years in prison.

What is manslaughter in the first degree in New York?

First-degree manslaughter applies when a person intends to cause serious physical injury but causes death, or kills under extreme circumstances outlined in Penal Law §125.20. Penalties include up to twenty-five years in prison.

What is vehicular manslaughter in New York?

Vehicular manslaughter occurs when a person causes a death while operating a vehicle under the influence of alcohol or drugs in violation of Vehicle and Traffic Law §1192.

What is aggravated vehicular homicide in New York?

Aggravated vehicular homicide applies when a driver causes death while intoxicated and driving recklessly or has prior serious driving convictions. It is a Class B felony with penalties up to twenty-five years in prison.

What is criminally negligent homicide in New York?

Criminally negligent homicide occurs when death results from conduct that creates a substantial and unjustifiable risk, representing a gross deviation from reasonable care. Penalties can include prison or probation.

Can self-defense justify a homicide charge in New York?

Yes. Under Penal Law Article 35, a homicide may be justified if the defendant reasonably believed deadly force was necessary to prevent imminent deadly harm or a forcible felony.

What is extreme emotional disturbance in homicide cases?

Extreme emotional disturbance is an affirmative defense that may reduce murder charges if the defendant acted under intense emotional stress with a reasonable explanation based on their circumstances.

Can homicide charges be reduced in New York?

Yes. Homicide charges may be reduced based on defenses such as lack of intent, constitutional violations, extreme emotional disturbance, self-defense, or insufficient evidence.

Can juveniles be charged with homicide in New York?

Children under seven cannot be charged. Youth ages seven to fifteen are generally handled in Family Court, while serious offenses may result in juvenile delinquency or adolescent offender proceedings.

What defenses are available for homicide charges?

Common defenses include self-defense, lack of intent, extreme emotional disturbance, unlawful police conduct, mental incapacity, coercion, and insufficient proof of causation.

Why hire George Hildebrandt for homicide defense in Central New York?

George Hildebrandt has decades of experience defending homicide and murder cases in New York. He challenges unconstitutional police conduct, suppresses improper evidence, and fights for reduced charges or acquittals.

New York Homicide Attorney

Home » Violent Crimes » Murder, Manslaughter, Homicide

Syracuse, New York Murder, Manslaughter, and Homicide Defense Lawyer

If you’ve been charged with murder, manslaughter, or homicide in Syracuse, NY, hiring an experienced attorney is crucial to protecting your freedom. Syracuse defense attorney George F. Hildebrandt has four decades of experience defending the accused across the state. He is respected in both state and federal courts. If you’ve been arrested for homicide, murder, manslaughter, attempted crimes, or other serious offenses, don’t answer any police questions. Exercise your legal right to remain silent and consult an attorney.

If you’ve been arrested for homicide or murder charges, the state’s homicide laws are complex and require skilled legal representation to protect your rights and freedom. To schedule a free consultation, use the online contact form, call the law firm directly at 315-303-6533, or call toll-free at (800) 672-3523.

Central New York Homicide Lawyer

In New York, homicide charges fall under Penal Law Article 125. This covers all crimes involving the unlawful killing of someone else. Homicide criminal procedure laws define a range of criminal acts based on intent, recklessness, and circumstances. This includes murder, manslaughter, criminally negligent homicide, vehicular manslaughter, and aggravated homicide offenses. The severity of homicide charges depends on the defendant’s mental state, level of intent, and whether aggravating factors such as weapons, protected victims, or extreme recklessness are involved. If convicted, penalties vary widely based on the charge.

If you’ve been charged with homicide in Syracuse, NY. Contact New York homicide lawyer George Hildebrandt for experienced legal representation.

New York Murder Laws

New York murder laws are defined under Penal Law Article 125 as the intentional and unlawful killing of another individual. This also includes felony murder, where the death occurs during the time of the commission or attempted commission of a felony crime, such as robbery, arson, burglary, kidnapping, or rape.

In New York felony murder cases, a defendant can be charged with murder even if the act wasn’t an intentional killing. The accused can be convicted of murder as long as the victim’s death occurred during the course of performing a dangerous felony. If you’ve been charged with felony murder in New York, call a skilled murder attorney in Syracuse, NY, immediately.

Experienced murder lawyer George Hildebrandt has a deep understanding of New York Penal Law. He’ll determine if police officers violated your rights and work to identify any weaknesses in the state’s evidence to negotiate with prosecutors or create a reasonable doubt in your murder trial.

Defense For Felony Murder and Second-Degree Murder New York

Murder in the Second Degree, under New York Penal Law §125.25, is one of the most severe homicide charges. In New York, murder in the second degree occurs when:

Intentional Killing: With intent to cause the death of another person, a defendant intentionally causes the death of such person or a third person;
Depraved Indifference Murder: Under situations showing a depraved indifference to natural life, recklessly engages in the course of actions that create a grave risk of death to another person, thereby causing that person’s death; or
Felony Murder: Acts alone or with another person to commit or attempt the commission of violent felonies, including robbery, burglary, kidnapping, arson, rape, or a criminal sexual act, and causes the death during the felony crime committed or immediate flight from it (felony murder).

Murder in the second degree is a Class A-I felony. If you’re convicted of murder in the second degree, you’re facing at least fifteen years to a life sentence.

For murder in the second degree related to depraved indifference or felony murder, the prosecution doesn’t have to prove the participant intended to kill. In a depraved indifference case, prosecutors only need to establish that the defendant knew or reasonably should have known that the intended conduct carried a high risk of causing another person’s death. In a felony murder case, prosecutors must prove that the defendant was committing or attempting certain felonies and that a death occurred during or immediately after the crime.

For murder in the second degree related to intentional killing, the state must show the defendant had intent, or meant to kill the intended victim.

Defense For First-Degree Murder New York

Murder in the First Degree, defined under New York Penal Law §125.27, is the most serious murder charge. First-degree murder occurs when a defendant intentionally causes the death of another person, and one or more aggravating factors apply.

In New York, first-degree murder can include:

Intentionally killing a judge, police officer, peace officer, uniformed court officer, parole officer, probation officer, employee of a local correctional facility, division for youth, or any other individual while they are performing his or her official duties.
The intended killing or procured commission of murder for pecuniary gain or as part of a murder-for-hire agreement.
Intentionally killing a witness to prevent such witness testimony.
The murder is committed in an especially cruel and wanton manner, involving torture or the intentional and depraved infliction of extreme physical pain. This applies to murder with conduct intended to inflict extreme physical pain, typically using torture upon the victim.

Murder in the first degree also applies when the defendant has a prior conviction for murder or another specific felony. First-degree murder is a Class A-I felony. It is a violent felony offense and a form of intentional homicide.

A conviction for murder in the first degree carries a mandatory life sentence. The judge can order either life in prison without the possibility of parole or a sentence of 20 to 25 years to life, meaning the person must serve at least that minimum before becoming eligible for parole. No other sentencing options are available for first-degree murder.

Aggravated Murder Defense in NY (Murder of a Police Officer, Judge, or Multiple Parties)

Aggravated Murder, defined under New York Penal Law §125.26, applies when a person intentionally causes the death of a correctional employee, police officer, peace officer, firefighter, emergency medical technician, ambulance driver, paramedic, physician, or registered nurse involved or in the course of official duties and the defendant knew or reasonable should have known that the intended victim was an employee of a state in some capacity.

In New York, aggravated murder also includes the intentional killing of a child fourteen years old or younger, in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the death of such person.

Additionally, aggravated murder can include causing the death while already serving a life sentence.

Aggravated murder offenses are Class A-I felonies. Convictions carry a mandatory life sentence without parole.

Central New York Manslaughter Defense Lawyer

In New York, manslaughter is defined in Penal Law Article 125. It involves causing the death of another person without premeditation but under circumstances less severe than murder. It generally applies when defendants act recklessly, under the influence of extreme emotional disturbance, or have the intent to cause serious physical injury, not to kill.

This offense recognizes that while unlawful, the victim’s death occurred without the deliberate intent or extreme indifference at the time of the killing that defines murder. It is a felony offense, carrying severe penalties including prison time, fines, and post-release supervision.

If you’ve been charged, contact a Syracuse, New York, manslaughter lawyer for a free consultation.

Manslaughter Second-Degree NY

Manslaughter in the Second Degree, under New York Penal Law §125.15, applies when a person recklessly causes the death of another person or intentionally helps another person to commit suicide. Unlike murder, manslaughter in the second degree doesn’t require intent or extreme indifference. Second-degree manslaughter is punishable by up to fifteen years in prison, along with possible fines, probation, or post-release supervision.

Manslaughter First-Degree NY

Manslaughter in the First Degree, defined under New York Penal Law §125.20. This occurs with the accused:

With the intent to cause serious physical injury to another, causes the death of such person instead.
With intent kills another while attempting ot perform an abortion, without any legal justification.
With intent, causes the death of a child under 11 while engaged in the course of reckless actions at the time of the killing, showing a depraved kind of disregard for life.

In New York, manslaughter in the first degree is punishable by up to a twenty-five-year prison sentence.

Aggravated Manslaughter NY

Aggravated Manslaughter, defined under New York Penal Law §125.22, applies when a person recklessly kills another person and the victim was a police or peace officer performing his or her official duties, and the defendant knew or reasonably should have known such victim was a peace or police officer.

There are two degrees:

Aggravated Manslaughter in the First Degree: recklessly kills a known police or peace officer.
Aggravated Manslaughter in the Second Degree: when the accused, under the influence of extreme emotional disturbance with intent, causes death to a peace officer.

Both crimes are punishable by up to twenty-five years in prison.

Central New York Vehicular Manslaughter Defense

If you’ve been arrested or charged, contact Syracuse, New York vehicular manslaughter lawyer George Hildebrandt for a free consultation.

Vehicular Manslaughter Second-Degree NY

In New York, Vehicular Manslaughter in the Second Degree is covered under Penal Law §125.12. A person is guilty of committing the crime in the second degree when they cause the death of another person while operating a motor vehicle in violation of Vehicle and Traffic Law §1192. This prohibits operating a motor vehicle while impaired by alcohol or drugs. New York penal law requires evidence that the impaired defendant’s conduct resulted in the death of the victim. This doesn’t have to be intentional. Vehicular manslaughter in the second degree is classified as a Class D felony, punishable by up to seven years in state prison.

Vehicular Manslaughter First-Degree NY

In New York, Vehicular Manslaughter in the First Degree is covered under Penal Law §125.13. First-degree crimes occur when a defendant commits vehicular manslaughter in the second degree and one or more aggravating factors are present. This can include operating a motor vehicle with a BAC level of .18% or higher, having a DWI or vehicular crime conviction on a prior occasion within ten years, operating a motor vehicle with a revoked or suspended license, causing serious physical injuries or deaths to multiple victims, or having a child who isn’t at least fifteen years old in the vehicle. If convicted, the accused faces a maximum fifteen-year prison sentence.

Aggravated Vehicular Homicide NY

In New York, Aggravated Vehicular Homicide is covered under Penal Law §125.14. Aggravated vehicular homicide occurs when a defendant commits vehicular manslaughter in the first degree while engaged in reckless driving or has been convicted of similar serious crimes on a prior occasion. The defendant must show a depraved indifference to life, meaning their actions created a grave risk of death. This offense is a Class B felony, carrying a maximum sentence of 25 years in state prison.

Legal Defense for Criminally Negligent Homicide NY

In New York, criminally negligent homicide is covered under Penal Law §125.10. A person is guilty of this type of homicide when, with criminal negligence, they cause the death of another person.

“Criminal negligence” means the defendant’s conduct consisted of actions so serious that they create a substantial and unjustifiable risk of death, where that failure constitutes a gross deviation from the standard of care that a reasonable person would observe. Penalties for convictions include up to four years in prison and hefty fines. Judges have discretion to impose either prison sentences or probation, depending on the defendant’s criminal history, the degree of negligence, and the specific factors of the case.

Aggravated Criminally Negligent Homicide

In New York, Aggravated Criminally Negligent Homicide is covered under Penal Law §125.11. This form of homicide occurs when someone with criminal negligence causes a police or peace officer’s death, who is performing official duties, and the defendant knew or reasonably should have known that such crimes were committed against a police or peace officer in the course of official duties. The charge is elevated to aggravated criminally negligent homicide because the victim is a protected employee of a state institution or a local correctional facility. Convictions carry a maximum fifteen-year prison sentence, along with steep fines.

New York Domestic Violence Murder and Homicide Defense

Deaths resulting from domestic violence disputes are prosecuted under the same laws governing other homicides. However, when a homicide occurs within an intimate partner relationship or by an immediate family member, the case typically receives heightened attention. Specialized prosecution units generally handle these homicide cases.

Domestic violence murder or domestic violence homicide cases may involve aggravating factors such as a history of prior abuse, orders of protection, or a demonstrated pattern of control. These factors all impact bail, sentencing, and potential plea deals, especially claims of self-defense, or being under the influence of extreme emotional disturbance arising from prolonged abuse, such as battered wife or spouse syndrome strategies.

Common Defenses For New York Homicide and Murder Charges

Defending homicide or murder charges depends on the facts, whether the defendant killed with intent, whether a criminal transaction was involved, and the defendant’s situation when the criminal action took place.

New York homicide attorney George Hildebrandt has four decades of experience defending those accused of homicide, murder, and other crimes in state and federal courts. If you’ve been arrested or charged with such activities, contact the law firm immediately to schedule a free consultation.

Attempted Murder or Homicide Defense

Under New York Penal Law §40.10, renunciation is an affirmative defense available only for attempt, conspiracy, or solicitation charges. It applies when a party voluntarily and completely renounces their intent, withdraws from being a participant, and makes a substantial effort to prevent the planned homicide or murder from occurring.

So, if the accused withdraws from a common scheme to commit murder and it never occurs, renunciation can be used to defend against attempted murder or conspiracy to commit murder charges, because the procured commission wasn’t completed.

However, renunciation cannot be used as a defense to a prosecution once a homicide or murder has commenced. Whether the participant intended to withdraw or not, such action or intention is irrelevant. This means that if the accused was involved in a common scheme and they withdrew before the time of the killing, but the intended victim was killed anyway, the affirmative defense no longer applies.

Justifiable Homicide and Self-Defense

Under New York Penal Law Article 35, if the defendant believed that they or someone else was in imminent deadly harm, they can use physical or deadly force. Justifiable homicide only occurs when reasonable individuals are in agreement that the accused acted with reasonableness to defend themselves or others. NY penal law for justification allows deadly physical force to prevent or terminate a burglary of a dwelling when the defender reasonably believes such force is necessary. This justification completely absolves the defendant’s criminal liability.

Defendant's Mental State and Capacity

Extreme Emotional Disturbance (EED) and Insanity Defense

Under NY Penal Law § 125.25 (Second-Degree Murder), an affirmative defense exists when a defendant acts “under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse.” The “reasonableness” is determined from the viewpoint of a person in the defendant’s situation and the circumstances that the defendant believed them to be. If the criminal lawyer can prove that the defendant acted under the influence of extreme emotional disturbance, this can result in murder charges being reduced.

Additionally, under NY Penal Law §40.15, if the accused lacked substantial capacity to understand or appreciate the nature of their conduct, which consisted of causing serious physical injury or death, this can constitute a defense to a prosecution.

Intoxication or Impairment

NY Penal Law §15.25 provides that intoxication itself is not an affirmative defense, but courts may consider it when deciding whether the accused had the mental capacity for the criminal act. For example, if the accused was drugged without consent, this doesn’t excuse the criminal action, but it can constitute a defense for the intent element. This doesn’t apply to criminally negligent homicide or other crimes that are not intent-related.

Age Defense For Youth

NY Penal Law §30.00 sets limits on when a person can be held criminally responsible for their actions. It recognizes that children below a certain age lack the legal capacity to form criminal intent in most cases.

A child under 7 years old cannot be charged with or found guilty.
A child between 7 and 15 is generally not criminally responsible, except for certain serious offenses under Family Court Act §301.2, such as murder, manslaughter, rape, or armed robbery. These are prosecuted as juvenile delinquency proceedings.
Children who are 16-17 years old may be prosecuted as “adolescent offenders” depending on the offense.

If your child is facing homicide charges or has been accused of committing another criminal act, contact a New York homicide lawyer to discuss the best legal strategy for their case.

Coercion, Compulsion, Entrapment, and Withdrawal

Under New York Penal Law §40.00, it is an affirmative defense to a prosecution when a defendant killed another individual because they were coerced by the use or threatened use of unlawful physical force against themselves or someone else, and that a person in the defendant’s circumstances couldn’t resist. The threat must be imminent at the time of the commission and involve serious physical injury or death.

According to Penal Law §40.05, when public servants or those operating under their direction command or encourage the accused’s actions. The law says this shall constitute a defense when the defendant’s conduct consisted under the direction they were commanded or encouraged to. This typically focuses on police misconduct.

Why Hire Criminal Attorney George Hildebrandt After Facing Murder or Homicide Charges in New York

After facing murder or homicide criminal charges in New York, working with George Hildebrandt gives you direct access to focused legal counsel that understands how the New York criminal justice system operates from arrest through trial. As a New York criminal defense lawyer, he applies criminal law knowledge and experience with both federal and state laws to protect your rights at every stage.

Criminal cases of this magnitude carry long term consequences, including permanent criminal records, so early action matters. George Hildebrandt provides clear guidance, evaluates evidence, challenges procedural errors, and builds defense strategies tailored to serious allegations. When New York criminal defense attorneys must respond quickly and decisively, having dedicated representation helps ensure your voice is heard and your future is protected.

A Proven Track Record

Homicide and Murder Lawyer George Hildebrandt has secured the following successes for previous clients:

Syracuse murder lawyer George Hildebrandt was able to suppress prior testimony involving a confession before the trial. Such prior testimony resulted after 30 hours of police interrogation and constitutional violations. Despite the testimony of another participant, who cooperated with prosecutors, the client was acquitted of all murder, burglary and attempted robbery charges.
A client was accused of acting with intent to cause serious physical injury, with the act being such as to cause the death of the intended victim. The client was acquitted of first-degree manslaughter.
Syracuse homicide lawyer Hildebrandt successfully defended a client in connection with the death of a partner’s 15-month-old daughter, who was allegedly shaken by the client. He persuaded the jury to acquit the client of murder charges and convict only of criminally negligent homicide, avoiding a potential life sentence.
George defended a client who was involved in a fight. The victim died as a result of the serious physical injuries sustained. He convinced the court to reduce the client’s charges to criminally negligent homicide and dismiss the girlfriend’s assault charges. The client pleaded guilty to the reduced charges and served eight months in a local correctional facility.

Contact A Syracuse, New York Homicide, Manslaughter, and Murder Lawyer For a Free Consultation

If you or an immediate family member is facing homicide or murder charges, the stakes couldn’t be higher. These cases involve complex legal standards, including intent, justification, and accidental or intended victims’ statuses. Experienced New York homicide attorney George Hildebrandt works to challenge the state’s evidence and build the best legal strategies to protect clients’ rights and futures. Whether you’ve been arrested for homicide, murder, or other charges, having dedicated representation is crucial to protect your freedom.

If you’ve been arrested for homicide or murder, don’t wait to hire an attorney. For a free consultation, use the online form, call the law firm directly at 315-303-6533, or toll-free at (800) 672-3523.