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 evaluation with a seasoned New York homicide lawyer at Goldberger & Dubin, P.C.

What’s the Difference Between Homicide, Murder, and Manslaughter

People are often confused by the terms “homicide,” “murder,” and “manslaughter”. For example, some people think that “manslaughter” is worse than murder -- it simply sounds worse, but then if a person gets probation for manslaughter, it does not seem like the penalty fits the crime. Below, we clear up the differences between homicide, murder, and manslaughter.

What is the Definition of Homicide?

Homicide refers to one human being killing another. While there are legal forms of homicide, such as a soldier killing another soldier while in battle or killing in self-defense, unlawful homicides are considered either murder or manslaughter and are highly punishable. The difference between homicide and murder and manslaughter is that homicide depends on the intent of the perpetrator.

Below are some of the degrees of homicide:

• Criminally Negligent Homicide - If someone’s recklessness, carelessness, or indifference led to another’s death, they might 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 might be charged with this offense.

What is Murder?

Murder is a type of homicide. 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.

Murder is based on degrees:

• 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.
• 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.

What is Manslaughter?

Manslaughter is another type of homicide and does not involve malice or aforethought. Because there is no aforethought involved, there is less moral blame than murder. It is considered less serious than murder, but the charges are still serious.

Manslaughter is categorized as “voluntary” or “involuntary”:

• Voluntary manslaughter - When a person kills another without premeditation -- there was an intent to harm or kill the person, but it was not premeditated. For example, when a person kills another in the heat of passion. The person must have been provoked in a way that a reasonable person under the same circumstances would have reacted in the same way.
  • Penalties include up to 11 years in prison
• Involuntary manslaughter - When a person is killed through actions that involve a disregard for another’s life. There is no premeditation and no intent to kill, but the death of another person still happens as a result of the actions.
  • Penalties include up to 4 years in prison

Manslaughter is based on degrees too:

• 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.
• 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.

You may have also heard about “vehicular manslaughter” -- this happens when a person dies in an auto accident because of another driver’s negligence.

• 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.
• 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.

If you or a loved one has been charged with homicide (murder or manslaughter) our homicide lawyers are prepared to defend you. Call (646) 681-5997 for a free consultation.

What Can Criminal Defense Lawyers in NYC Do?

A New York City criminal attorney specializing in homicide cases serves as a crucial advocate for those who stand accused, working ceaselessly to uphold their client's rights throughout the legal process. These professionals are well-versed in the intricacies of New York's complex legal system, and they use their comprehensive knowledge to strategize robust defenses aimed at achieving the best possible outcomes for their clients.

The services provided by these homicide defense attorneys include:

• Thorough Case Analysis - They meticulously review the facts and evidence of the case, identifying all potential strengths and weaknesses in the prosecution's argument.
• Evidence Collection - Criminal defense attorneys undertake comprehensive investigations to gather any additional evidence that might help the defense.
• Expert Consultation - They consult with and engage experts who can offer valuable insights into the case, such as forensic scientists, psychologists, and private investigators.
• Pre-Trial Negotiations - New York Criminal defense lawyers engage in negotiations with the prosecution to potentially reduce charges or even have them dismissed altogether.
• Court Representation - They represent the accused in court hearings, passionately advocating for their client's rights and best interests.
• Sentencing Advocacy - If a conviction is unavoidable, your homicide defense lawyer will negotiate for the lightest possible sentence.
• Post-Trial Services - They provide assistance with appeals or other post-trial matters if necessary.

Remember, if you or a loved one is facing homicide charges in New York, it's crucial to secure experienced legal representation. The attorneys at Goldberger & Dubin, P.C. are ready to fight for your rights and freedom. Call us today at (646) 681-5997 for a free consultation.

Defenses for Murder

There are various ways that our murder defense lawyers in New York 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

Understanding the Legal Process for Murder Cases

When facing a murder charge, it's crucial to understand the legal process and your rights. Our experienced team of criminal defense lawyers in NYC can guide you through each step of the legal process, providing expert insight and support along the way.

Some key aspects of the legal process for murder cases include:

• Arraignment and bail hearings
• Pre-trial motions and discovery
• Trial preparation and strategy
• Witness testimony and evidence presentation
• Sentencing and appeals process

By working with our team at Goldberger & Dubin, P.C., you can rest assured that your defense will be in capable hands, and we will fight tirelessly to protect your rights and freedom.

Call (646) 681-5997 for an Expert Murder Attorney

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 NYC criminal lawyer 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 a New York homicide attorney backed by years of experience help you!

Begin a free case evaluation by calling our firm at (646) 681-5997. Speak with our New York murder defense lawyers as soon as possible.