New York Penal Law separates homicides into three distinct categories of criminal allegations, each with their own definitions and potential penalties. If you are facing any variety of this charge, a Syracuse homicide lawyer from Tully Rinckey PLLC could work with you to help you better understand the law as it applies to your case. In the process, our criminal attorneys could also conduct their own investigation into the matter, in order to give you the best chance for a positive outcome.
New York Penal Law §125.00 provides the core definition of homicide. This statute states that a homicide is any incident that leads to the death of another person or an unborn child older than 24 weeks. However, despite this definition, the courts cannot charge you with the generic crime of “homicide”. Instead, New York Penal Law recognizes three levels of homicide that a prosecutor may use to pursue a conviction.
The most serious allegations of homicide are known as murder, defined officially by NYPL §125.25. At the core, a murder is any death that is caused by the deliberate actions of another. Even within the umbrella of murder, there are three classes of this offense, each with their own elements. However, a murder conviction is always a class A-1 felony that carries a mandatory minimum prison term of fifteen to twenty-five years, and a maximum of life.
Manslaughter
Many deaths in the criminal justice system are not charged as murder. Instead, when a death is the result of reckless behavior, the court may charge this incident as manslaughter. Recklessness, according to NYPL §15.05, is when a person is aware of and chooses to ignore the risk created by their behavior.
Under NYPL §§125.15 and 125.20, manslaughter is separated into two classes, and courts in Syracuse consider a person causing a death after intentionally inflicting serious physical injury to another to be the more serious of the two. As such, Manslaughter in the Second Degree may be charged when an assault results in a death. Alternatively, Manslaughter in the First Degree applies when a death results from a defendant under extreme emotional distress. A conviction here is a class B felony.
Death Resulting from Criminal Negligence
However, even when a person does not intend to harm another person, they may face homicide charges. This is because NYPL §125.10 creates the class E felony crime of negligent homicide.
According to NYPL §15.05, criminal negligence applies when a person does not realize that their actions are placing another at risk of harm. Furthermore, they do not act as a reasonable person would to prevent harm.
I was most fortunate to be able to hire Derrick Hogan on two separate occasions to fight tickets for us. I cannot even begin to tell you what kind of a professional we were dealing with. His character matched his ability as an attorney. Having to hire an attorney for an out of town situation was a very difficult decision to make. I feel so blessed with dealing with this esquire. Mr. Hogan handled us like a symphony. He was extremely kind, brilliant, confident, sincere, and worked very hard on our behalf. He takes great pride in his work and it certainly shows. I have never in my entire life worked with anyone this professional or more highly qualified. If you decide to hire Derrick Hogan, you will have made the decision to hire the best attorney possible. Sometimes driving a Lexus is a smoother ride than driving a Dodge. You would be getting a Lexus with this lawyer. I give him five stars; he is a superstar himself. What a pleasure for me to recommend Derrick Hogan. Derrick is the absolute BEST of the BEST.
K.F.
Tully Rinckey PLLC's professionalism put me right at ease. They had all charges against me dropped! I truly felt they earned my whole retainer and they even sent me back what was not used. I did not feel overcharged by Tully Rinckey PLLC at all. Their hard work kept me from getting a criminal record that would have affected me for the rest of my life. For this I am grateful. I have never been in trouble in my entire life. Getting arrested, being put in jail and losing my job, changed me to the core. Because of all the hard work done by them, I have a new life to live. For that, I cannot ever thank them enough!
E.K.
Derrick Hogan at Tully Rinckey handled my case and I feel fortunate that he was my lawyer. I called to talk with someone about my case and by chance was connected with Mr. Hogan. He listened, asked good questions, and gave me all the information I could have asked for. He explained every step, what would or could happen in very clear and easy to understand terms. I was sent a retainer and explained the case would be covered by a flat fee, and that anything that came up in the future relating to the case would be fully covered by that fee. Although my case was probably one of the simpler, easier cases they handle, Mr. Hogan always made me feel that my case was important to him. He always urged me to call him if I had questions or wanted him to go over anything again. He even called me to follow up before I had to call him – something I find is rare with almost any professionals these days. He treated me with utmost courtesy and respect, was knowledgeable, and reassuring.
C.P.
I contacted Tully Rinckey PLLC for representation and upon doing so, obtained Derrick Hogan as my attorney. Derrick was extremely comforting through the entire process and I was treated with dignity and respect right from the beginning. Derrick was very supportive and shared information with me every step of the way. I personally feel that Tully Rinckey hit a home run with putting Derrick Hogan on its team. Selecting Tully Rinckey was the right choice for me and I highly recommend both Derrick and the firm for anyone seeking professional representation.
K.L.
Derrick was a true professional and treated me and my case with dedication and respect. Everything he promised, he delivered. My case was handled with 100% satisfaction.
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.
Commitment to Our Clients
Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.
Full Service Legal Firm
Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations. Regardless of your legal needs, we have the experienced counsel you need.
Our Experience
Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.
Our Personal Process
Contact us
Contact us to discuss your needs with a client representative and schedule a consultation with an attorney.
PREPARE FOR CONSULTATION
Your time with your attorney is important. Please use this guide to get the most out of your initial consultation.
Meet your attorney
We discuss your specific legal goals and gain important information from you to help us understand your unique situation.
Despite the severe nature of such charges, not every homicide is a murder. However, even charges of manslaughter or negligent criminal homicide are felonies for which a conviction could result in significant prison time. In light of this, it is often essential to face these charges with a solid defensive plan and battle-hardened legal representation.
To schedule a free consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com
Book Your Consultation Now!
Ready to book your consultation? Click here to pay our consultation fee and book your meeting with an attorney today!
