QUEENS
HOMICIDE, MURDER & MANSLAUGHTER
DEFENSE LAWYER

The law in New York distinguishes murder into three categories. According to New York Penal Law § 125.25, to secure a conviction for murder in the second degree, the prosecutor must substantiate, beyond a reasonable doubt, one of the following circumstances:

• Intent to Cause Death: The accused had the deliberate intent to cause the death of another person and subsequently caused that death.
• Depraved Indifference to Human Life: The accused, demonstrating a callous disregard for human life, engaged recklessly in an act that posed a significant risk of death to another person, resulting in their demise.
• Felony Murder: The accused, either acting alone or in collaboration with others, committed or attempted a specified felony (such as robbery, burglary, kidnapping, arson, rape, or sexual abuse). In the course of this crime or in immediate flight from it, the death of a non-participant occurred.
• Sexual Offense and Victim Under 14: If the accused, who is at least 18 years old, committed rape or another sexual offense while in the course of the act, and intentionally caused the death of a person under the age of 14.
• Depraved Indifference to Human Life with a Minor Victim: Under circumstances that exhibit a “depraved indifference to human life,” an individual who is 18 years or older engaged recklessly in conduct that posed a grave risk of serious physical harm or death to a person under 11 years old, resulting in their death.

Murder in the Second Degree is classified as a Class A-I felony. This offense carries a sentence ranging from 15 to 25 years of imprisonment. However, if the victim was under 14 years old and died during the commission of a sexual offense, the offender may face life imprisonment without the possibility of parole, underscoring the gravity of such a conviction.

Aggravated Murder under New York Law

The state of New York places great emphasis on safeguarding its law enforcement officers and emergency care personnel. In cases where the intended victim of a murder belongs to this protected class, the accused may face an aggravated murder charge. This charge can still apply even if the officer or emergency care worker was not the primary target but was tragically killed during the commission of the murder.

For the charge of aggravated murder to be warranted, it is imperative that the officer or emergency care worker was carrying out their professional duties at the time of the incident, and the accused was cognizant of the victim’s occupation. This special class of protected workers encompasses:

• Police officer
• Firefighter, emergency technician, paramedic, ambulance driver, physician, or any other individual engaged in emergency response activities during the commission of the offense
• Peace officer
• Employee of a state or local correctional facility

Aggravated murder charges can also stem from the intentional murder of an individual who was 14 years old or younger, particularly if the accused subjected the victim to torture.

If convicted of an aggravated murder charge, the offense is categorized as a Class A-I felony. The most severe penalty for aggravated murder is life imprisonment without the possibility of parole, underscoring the gravity of this conviction.

Statute of Limitations for Murder in New York

A statute of limitations is a legal deadline that governs the timeframe within which the District Attorney’s Office can file formal charges against an alleged offender for a particular crime. This timeframe commences from the date of discovery or when the crime reasonably should have been discovered.

Typically, statutes of limitations are categorized based on the severity of the offense. However, murder stands as an exception to this norm. In cases of murder, there exists no statute of limitations. This signifies that even if the offense was committed many years ago, prosecutors retain the authority to file formal charges.

In the face of murder charges, several defenses may be employed to potentially lessen the severe consequences of a conviction. These include:

• Extreme Emotional Disturbance: This defense hinges on the argument that the accused committed the act under the influence of extreme emotional disturbance.
• Assisted Suicide Without Duress or Deception: If it can be demonstrated that the accused assisted in a suicide without exerting undue influence or deception, it could be a viable defense.
• Denial of Committing the Homicidal Act: The accused may assert that they neither committed the act of homicide nor contributed to its commission. They may further argue that they were not armed with a lethal weapon or any other instrument capable of causing death or serious physical injury, and had no reasonable grounds to believe that any other participant was armed in such a manner. Additionally, they may contend that they had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury (pertaining to felony murder).
• Mental Disease or Defect: This defense revolves around the assertion that the accused suffered from a mental disease or defect that impacted their capacity to understand the wrongfulness of their actions.
• Infancy: This defense is applicable to individuals under the age of 13, positing that they lack the mental capacity to fully comprehend the implications of their actions.
• Self-Defense: This defense maintains that the accused acted to protect themselves from imminent harm.
• Defense of Another Person: Similar to self-defense, this defense contends that the accused acted to safeguard another individual from imminent harm.

These defenses serve as critical legal strategies that can be employed to challenge and potentially mitigate murder charges. Each defense strategy is tailored to specific circumstances, and the effectiveness of any given defense hinges on the unique facts and legal precedents surrounding the case.