New York Homicide Attorney
More than 75 Years’ Collective Experience
If you are facing charges of homicide, you could be looking at years to
life in prison or even the death penalty. Don’t take chances with
your freedom and your future. Instead, enlist the legal help of Goldberger
& Dubin, P.C., a reputable criminal defense firm in New York. Our New York
defense lawyers have 75+ years of collective experience and have handled numerous homicide
cases. Dedicated to upholding your constitutional rights, our team will
fight relentlessly on your behalf. Our innovative and skilled approach
to defense has resulted in the New York Times listing us as “Among
New York’s Best Criminal Defense Lawyers.” In this difficult
time, we will be there for you, working to secure the best possible outcome.
Call (646) 681-5997 for a
free case evaluation today!
Definition of Homicide
Homicide refers to one human being killing another. While there are legal
forms of homicide, such as a killing in self-defense, unlawful homicides
are considered either murder or manslaughter and are highly punishable.
Differentiating between murder and manslaughter depends on the intent
of the perpetrator.
Murder vs. Manslaughter
The common legal definition of murder is an intentional killing that was
both unlawful (unjustifiable) and committed with malicious “aforethought.”
Malicious aforethought does not necessarily mean that the perpetrator
acted spitefully, but also that they inflicted severe physical harm that
led to the victim’s death, or that they acted in a manner that exhibited
dangerous recklessness and disregard for life that then resulted in the
death of the victim. Even within the categories of murder or manslaughter,
further distinctions have to be made.
Degrees of Murder or Manslaughter
In order to more effectively distinguish different types of murder or manslaughter
from one another, the justice system has set different penalties in place
for different types of homicide.
Types of offenses and penalties:
Manslaughter in the 2nd Degree: If an individual was in the process of committing another crime and caused
the death of another during that time, they may be charged with manslaughter in the 2nd degree. This death must not have been carried out with premeditation or malice.
Manslaughter in the 1st Degree: If an individual unintentionally causes the death of a person they only
wished to injure, or causes the death of a third party while attempting
to murder another, he or she may be charged with manslaughter in the 1st degree.
Vehicular Manslaughter in the 2nd Degree: If a driver kills another due to their actions, such as breaking traffic
laws or driving under the influence of drugs or alcohol, they may be charged
with vehicular manslaughter in the 2nd degree.
Vehicular Manslaughter in the 1st Degree: If a driver causes the death of another due to breaking traffic laws
or driving under the influence of alcohol or drugs
while driving with a revoked or suspended license, they may be charged for this type of offense.
Criminally Negligent Homicide: If someone’s recklessness, carelessness, or indifference led to
another’s death, they may be charged with this offense.
Aggravated Criminally Negligent Homicide: If someone’s recklessness, carelessness, or indifference led to
the death of a peace / police officer, they may be charged with this offense.
Murder in the 2nd Degree: If an individual kills another with premeditation, they may be charged
with this offense, as long as they can prove they were emotionally disturbed
at the time.
Murder in the 1st Degree: If an individual kills another with “malicious aforethought,”
they may be charged with murder in the 1st degree. For the charges to be lessened, the individual must prove that
the killing wasn’t premeditated or that they were emotionally disturbed.
Building Your Homicide Defense
There are various ways that
our attorneys at Goldberger & Dubin, P.C. can help you defend against a homicide
charge. In order to give you your best defense we will examine certain
factors that may prove your innocence or lessen the charge.
Factors such as the following may lessen your charges:
- Your mental state at the time of the incident
- If the act was committed in self defense
- Extenuating factors at the time of the incident
Call for a Skilled New York Criminal Defense Lawyer!
Homicide is the most serious crime you can be charged with. You could spend
the rest of your life in prison if convicted, so it is important that
you choose your council wisely. At Goldberger & Dubin, P.C., we understand
the importance of a solid case and the seriousness of the ramifications
that the client is facing. If you have been charged with a homicide, let
us help you!
free case evaluation by calling
our firm at (646) 681-5997 today!