Manslaughter

Manslaughter is a serious criminal charge that can have severe legal consequences, including lengthy prison sentences and significant fines. If you or a loved one are facing manslaughter charges in New York, it is essential to have a skilled and experienced criminal defense attorney on your side.

At Viscosi Law, we understand the seriousness of manslaughter charges, and we are committed to providing our clients with the highest level of legal representation. Our team of legal professionals has years of experience defending clients against manslaughter charges, and we have a proven track record of success in the courtroom.

When you choose Viscosi Law, you can rest assured that you will have a dedicated team of legal professionals working tirelessly to defend your rights and protect your future. We will work closely with you to understand the charges against you, develop a comprehensive defense strategy, and fight tirelessly to ensure the best possible outcome for your case.

Whether you are facing Manslaughter in the first degree or Manslaughter in the second degree, our attorneys have the knowledge, skill, and experience necessary to build a strong defense on your behalf. We understand the complexities of the legal system and will work tirelessly to protect your rights and ensure that you receive fair treatment throughout the legal process.

At Viscosi Law, we are committed to providing our clients with the highest level of legal representation, and we will work tirelessly to protect your rights and ensure the best possible outcome for your case. Contact us today to schedule a consultation with one of our experienced criminal defense attorneys and learn how we can help you defend against manslaughter charges.

What is Manslaughter

Manslaughter is a criminal charge that involves the unlawful killing of another person, but with different degrees of intent or recklessness than murder. In essence, Manslaughter is a lesser charge than murder but still carries significant criminal consequences. There are two main types of manslaughter charges in New York:

Manslaughter in the First Degree: This is the most serious manslaughter charge and involves intentionally causing the death of another person under certain circumstances. For example, if someone causes the death of a police officer, a firefighter, or a witness to a crime, they may be charged with Manslaughter in the first degree.
Manslaughter in the Second Degree: This charge involves causing the death of another person through reckless or negligent behavior. For example, if someone drives under the influence of drugs or alcohol and causes a fatal accident, they may be charged with Manslaughter in the second degree.

In New York, the penalties for Manslaughter can include lengthy prison sentences, significant fines, and other legal consequences. If you are facing a manslaughter charge, it is important to seek the assistance of a qualified criminal defense attorney who can help you understand the charges against you, build a defense strategy, and protect your rights throughout the legal process.

What are the Possible Charges for Manslaughter

New York has different types of manslaughter charges, each with varying degrees of severity and corresponding penalties. The following are the possible charges for Manslaughter:

Manslaughter in the First Degree

Manslaughter, in the first degree, is defined as intentionally causing the death of another person under specific circumstances. Specifically, it involves causing the death of another person during the commission of a felony or causing the death of a police officer, firefighter, or other first responders who perform their duties.

Manslaughter in the first degree is a Class B felony, which means it carries a potential sentence of up to 25 years in prison. Additionally, those convicted of this charge may be required to pay significant fines and restitution to the victim’s family.

Manslaughter in the Second Degree

n New York, Manslaughter in the second degree is a criminal offense that involves the unintentional killing of another person. Specifically, it occurs when someone causes the death of another person in circumstances that do not meet the criteria for murder.

Examples of situations that could result in a charge of Manslaughter in the second degree include reckless behavior or negligence that leads to the death of another person. For instance, if someone is driving under the influence of drugs or alcohol and causes a fatal car accident, they could be charged with Manslaughter in the second degree. Similarly, if someone fails to secure a firearm and a child gains access to it and accidentally kills themselves or someone else, the gun owner could be charged with this offense.

Manslaughter in the second degree is considered a Class C felony in New York, which means that the possible penalties include a prison sentence of up to 15 years, as well as fines and other consequences. The severity of the punishment depends on the specific circumstances of the case, such as whether the defendant had prior criminal convictions, the degree of recklessness or negligence involved, and other factors.

Vehicular Manslaughter in the First Degree

Vehicular Manslaughter in the first degree is a serious criminal charge in New York that involves causing the death of another person while operating a motor vehicle under the influence of drugs or alcohol, or while driving recklessly. It is considered a class C felony, punishable by a prison sentence of up to 15 years and a fine of up to $15,000.

In order to be charged with vehicular Manslaughter in the first degree, the prosecution must prove that the defendant was under the influence of drugs or alcohol, or driving recklessly at the time of the accident. Additionally, the prosecution must prove that the defendant caused another person’s death due to their actions.

The consequences of a conviction for vehicular Manslaughter in the first degree can be severe. In addition to the possibility of a lengthy prison sentence and a large fine, a conviction can also lead to a permanent criminal record, loss of driving privileges, and difficulty finding employment or housing. It can also significantly impact personal relationships and cause emotional distress for both the defendant and the victim’s family.

Vehicular Manslaughter in the Second Degree

Vehicular Manslaughter in the second degree is a criminal charge in the state of New York that involves causing the death of another person while driving a vehicle recklessly or under the influence of drugs or alcohol. It is a class D felony offense, which means that if convicted, the defendant can face a prison sentence of up to 2-7 years.

To be charged with vehicular Manslaughter in the second degree, the prosecution must prove that the defendant was operating a motor vehicle that created a substantial and unjustifiable risk of harm to others and that this conduct caused the death of another person. Additionally, the prosecution must show that the defendant was aware of the risks associated with their conduct and that they consciously disregarded those risks.

Some examples of behavior that could lead to a charge of vehicular Manslaughter in the second degree include driving while impaired, excessively speeding, or engaging in reckless driving. The consequences of a conviction for vehicular Manslaughter can be severe, including prison time, fines, loss of driving privileges, and a permanent criminal record.

Criminally Negligent Homicide

Criminally Negligent Homicide is a criminal charge in New York State that involves causing someone’s death through criminal negligence. Criminal negligence is defined as failing to perceive a substantial and unjustifiable risk that results in death.

For someone to be charged with Criminally Negligent Homicide, the prosecution must prove that the accused acted with a gross deviation from the standard of care that a reasonable person would have exercised in the same situation and that this deviation was the direct cause of the victim’s death.

Criminally Negligent Homicide is considered a less severe charge than Manslaughter or murder, as it is not typically associated with an intent to cause harm or take a life. However, it is still a serious offense with significant legal consequences, including imprisonment, fines, and a criminal record.

Possible Sentences for Manslaughter

In New York, the punishment for Manslaughter can vary depending on the degree of the charge and the specific circumstances of the case.

Manslaughter in the First Degree- The most serious form of Manslaughter, the punishment is a minimum of five and up to twenty-five years in prison.
Manslaughter in the Second Degree- Manslaughter in the Second Degree, a less severe form of Manslaughter, the punishment is a minimum of one and up to fifteen years in prison.
Vehicular Manslaughter in the First Degree-The punishment is a minimum of five and up to fifteen years in prison.
Vehicular Manslaughter in the Second Degree-The punishment is a minimum of one and up to four years in prison.
Criminally Negligent Homicide-The punishment is a maximum of four years in prison.

These are only possible sentences, and actual sentencing can be influenced by various factors, such as prior criminal history, the specific circumstances of the crime, and any mitigating or aggravating factors. A conviction for Manslaughter can also result in fines and other penalties.

No Case is Too Complex, Call Viscosi Law Today!

At Viscosi Law, our attorneys have extensive experience representing clients facing manslaughter charges in New York and are committed to providing compassionate, personalized, and aggressive legal representation.

We understand that being charged with Manslaughter can be overwhelming and stressful. That’s why we’re here to help guide you through the legal process and fight for the best possible outcome for your case. Our team of experienced attorneys will thoroughly investigate the circumstances of your case, consult with experts when necessary, and develop a defense strategy tailored to your unique situation.

Don’t face manslaughter charges alone. Contact Viscosi Law today to schedule a consultation and learn more about how we can help you fight your manslaughter charges in New York.