Being detained and arrested for a homicide charge in Newburgh, NY, can be an overwhelming experience, as the consequences may affect every aspect of your life. It’s understandable to feel uncertain about where to turn or how to handle the legal process. Working with a criminal defense lawyer who understands the local court system will give you guidance during this challenging time.
By collaborating closely with an attorney when facing charges in Newburgh, New York, you can stay informed about your options and prepare for what lies ahead. Contact Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation with a Newburgh homicide lawyer. You can reach us at (845) 566-5345.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested For Homicide
If you’re facing homicide charges in Newburgh, NY, working with a legal team is critical. Here’s how we can assist:
- We closely examine crime scene evidence and police reports for any oversights or inconsistencies in the prosecution’s account.
- We work with forensic pathologists, ballistic experts, and other specialists who can point out flaws or missing details in the state’s evidence.
- We will negotiate with prosecutors when appropriate to see if we can get any charges reduced or come to an agreement on lenient penalties
- We stay on top of legal updates in New York homicide laws, ensuring we can craft a defense that fits the facts of your case.
If you have any questions about a homicide charge in Newburgh, New York, we’re here for you. Contact Larkin Ingrassia Criminal Defense Attorneys, as soon as possible to schedule a free consultation with a Newburgh homicide attorney.
Overview of Homicide in New York
In New York, homicide laws are categorized based on the circumstances of the act and the level of intent. Each type of charge carries its own range of punishments, reflecting how serious the state considers the crime. Understanding these differences can help you see where your case might fit if you’re facing these charges.
First-Degree Murder
This is considered the most severe form of homicide in New York. It typically applies to killings involving certain protected individuals – such as law enforcement or correctional officers – or deaths that occur during serious felonies, like terrorism or kidnapping.
Second-Degree Murder
When a killing is committed intentionally but does not meet the criteria for first-degree murder, it often falls under second-degree murder. While not treated as harshly as first-degree murder, it can still lead to significant penalties.
Manslaughter
Manslaughter addresses deaths caused by reckless or dangerous actions rather than intentional homicide.
First-degree manslaughter in New York can arise in different circumstances. One scenario is when someone deliberately causes serious injury that ends up killing the victim or another individual. It also applies if a person intentionally causes a death while under extreme emotional disturbance. Another situation is when someone 18 or older intentionally harms a child under 11 while recklessly creating a serious risk of injury, leading to the child’s death.
Second-degree manslaughter covers situations where the level of recklessness is lower but still significant enough to cause someone’s death. It can also be charged if someone causes or aids another person to commit suicide.
If a fatality occurs due to reckless or impaired driving, it can be charged as vehicular manslaughter, which recognizes the specific risks posed by irresponsible driving behavior.
What Are the Penalties for Homicide in Newburgh, Homicide?
Penalties for homicide in New York can vary based on the exact charge and the details of your case. Understanding the potential punishments is important if you find yourself facing any type of homicide allegation. Below is a brief overview of what you can expect.
First-Degree Murder Penalties
Murder in the first degree is the most serious homicide charge. If convicted, you could face a life sentence without the possibility of parole. In some cases, the court may make you eligible for parole after 20 or 25 years.
Second-Degree Murder Penalties
While murder in the second degree is still extremely serious, it carries slightly less strict penalties than first-degree murder. The typical sentence ranges from 15 to 25 years to life in a state prison, though heavier sentences are possible under certain circumstances.
Manslaughter in the First-Degree Penalties
This is classified as a Class B violent felony. A conviction can result in 5 to 25 years behind bars. The severity of the sentence usually depends on the specifics of how the killing occurred.
Manslaughter in the Second Degree Penalties
As a Class C non-violent felony, this charge comes with a penalty of up to 5 to 15 years in prison. The law sets a minimum sentence of 1 to 3 years, reflecting the seriousness of a homicide charge even at this level.
What Defenses Can Be Raised If I’m Arrested For Homicide?
If you’re charged with homicide, there are several defenses you may explore to protect yourself. Common legal defenses in these cases include the following:
Self-Defense
This defense argues that you acted to protect yourself or someone else from serious harm or death. You must show that you believed you were in immediate danger and that using force was reasonable under the circumstances. Evidence like witness statements or medical records showing injuries can support this claim. If the court accepts that your actions fit lawful self-defense, the homicide charge may be reduced or dismissed, or you could be found not guilty at trial.
Alibi
An alibi means you were not at the scene of the crime when the homicide took place. It relies on proving you were somewhere else, often supported by witness testimony or evidence like time-stamped receipts or surveillance footage.
You need to show consistent details about your location and why it was impossible for you to be involved. Your lawyer can raise this argument with the prosecutor before trial in the hopes that your charges will be dismissed. If not, this can be used in court and could lead to a not-guilty verdict.
Mistaken Identity
Sometimes, a witness or victim incorrectly identifies a person due to stress, poor lighting, or influence from law enforcement. This defense aims to show you are not the person who committed the offense. DNA evidence, video recordings, or inconsistencies in a witness’s story can point to the real perpetrator. Proving mistaken identity can lead to an acquittal.
Lack of Intent
In certain cases, you can challenge the idea that you intended to kill or seriously harm anyone. For example, if the death occurred in an accident without any planning or negligence on your part, the charge may not be justified. This defense highlights that your mindset did not match the definition of committing a homicide. It can often reduce a more severe charge to a lesser offense or lead to dismissed charges altogether.
Insanity or Diminished Mental Capacity
Some defendants may argue that they were not fully aware of their actions at the time of the crime. This defense typically involves psychiatric and psychological evaluations, which can show that a mental illness impaired judgment. If the court accepts that your mental state prevented you from understanding the consequences of your actions, the charges could be reduced or dropped. Expert testimony and detailed medical records can be important for proving this defense.
Police or Government Misconduct
In certain cases, the officers in charge of the investigation may have violated your rights. This could involve tampering with evidence, coercing a confession, or failing to follow proper procedures during an arrest. If you show that law enforcement acted unlawfully, any evidence found through those actions can be challenged or thrown out. Proving misconduct can weaken the prosecution’s case and potentially lead to a dismissal.
When you work with a criminal defense attorney, they’ll figure out the best possible defense for your case.
Schedule a Free Case Evaluation With Our Newburgh Homicide Lawyer
Homicide charges in Newburgh, New York, can bring a great deal of uncertainty and distress. Learning about the different charges and their penalties is one way to take control of a stressful situation. Seeking professional advice is an important step, no matter what type of homicide charge you’re dealing with. Whether you face first-degree murder or a lesser manslaughter charge, it’s important to explore every defense available. Contact Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation with a Newburgh homicide lawyer as soon as possible.