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Murder

Murder is the most serious criminal offense and carries severe legal consequences, including lengthy prison sentences and in some cases, the death penalty. If charged with Murder, working with an experienced criminal defense attorney who can protect your rights, challenge the evidence against you, and develop a strong defense strategy is crucial.

At Viscosi Law, our attorneys have extensive experience representing clients facing murder charges in New York. We understand the gravity of these charges and the impact they can have on our clients’ lives.

Our attorneys understand the complexities surrounding murder cases and have successfully defended clients against a wide range of murder charges, including first-degree Murder, second-degree Murder, manslaughter, and more. We understand that these cases often involve complex legal issues, including motive, intent, and self-defense, and we are dedicated to providing our clients with the best possible defense.

At Viscosi Law, murder cases can be emotionally and psychologically challenging for our clients and their families. Our attorneys work closely with our clients to ensure they are treated with respect and compassion throughout the legal process.

If you are facing murder charges in New York, contact Viscosi Law Today to schedule a consultation and learn more about how we can help you. Our attorneys will provide you with the guidance and support you need to navigate the legal system and protect your rights.

Definition of Murder

Murder is the unlawful killing of another person with malice aforethought. In other words, it is a deliberate and premeditated act of taking another person’s life, with the intent to cause harm or death.

Under New York law, Murder is considered one of the most serious criminal offenses and can result in life imprisonment or even the death penalty. There are different degrees of Murder, each with different penalties, based on the circumstances of the crime.

Murder in the first degree is the most serious type of murder charge, and it is reserved for the most heinous crimes, such as premeditated Murder with the intent to cause the death of a police officer, judge, or witness. Murder in the first degree is punishable by life imprisonment without the possibility of parole or by the death penalty.

Murder in the second degree is charged when an individual causes the death of another person with intent but without premeditation, or under circumstances that demonstrate a depraved indifference to human life. It is punishable by a sentence of 15 to 25 years to life in prison.

Murder in the third degree is the least serious type of murder charge and is charged when an individual causes the death of another person, either intentionally or unintentionally, while committing a serious felony such as burglary or robbery. It is punishable by a sentence of 15 to 25 years in prison.

Defenses to murder charges may include self-defense, defense of others, or the defense of property. It is essential to work with an experienced criminal defense attorney who can evaluate the facts of your case and develop a strong defense strategy.

Types of Murder Charges

Under New York law, there are three degrees of murder charges:

Murder in the First Degree

Murder in the First Degree is the most severe type of murder charge in New York State, reserved for the most heinous crimes. It is charged when an individual intentionally causes the death of another person with premeditation or when the killing occurs in the commission of certain other serious felonies, such as kidnapping, arson, or burglary.

Murder in the first degree is punishable by either life imprisonment without the possibility of parole or the death penalty. The death penalty was abolished in New York in 2007, but individuals who were sentenced to death before the abolition are still eligible to be executed.

The prosecution must prove beyond a reasonable doubt that the defendant intentionally caused the victim’s death and that the killing was premeditated or occurred in the commission of another felony. Defenses to a charge of Murder in the First Degree can include challenging the evidence against the defendant or arguing that the killing was made in self-defense or defense of others.

Murder in the Second Degree

Murder in the Second Degree is a serious criminal offense in New York, and is charged when an individual intentionally causes the death of another person without premeditation or in the heat of passion. This charge can also apply when a person intends to cause serious physical injury that ultimately results in death.

Murder in the second degree is punishable by up to 25 years to life imprisonment. The prosecution must prove beyond a reasonable doubt that the defendant intended to cause the victim’s death or serious physical injury and that the killing was not justified or done in self-defense.

Defenses to a charge of Murder in the Second Degree may include challenging the prosecution’s evidence, such as eyewitness testimony or forensic evidence. The defense may also argue that the defendant did not have the intent to kill or that the killing was done in self-defense or defense of others.

Murder in the Third Degree

Murder in the Third Degree is a serious criminal offense in New York, and is charged when an individual causes the death of another person with an intention to cause physical harm that ultimately results in death. This charge can also apply when a person causes the death of another person while committing another felony offense.

Murder in the third degree is punishable by a maximum of 25 years imprisonment. The prosecution must prove beyond a reasonable doubt that the defendant caused the victim’s death with an intent to cause physical harm and that the killing was not justified or done in self-defense.

Defenses to a charge of Murder in the Third Degree may include challenging the prosecution’s evidence, such as eyewitness testimony or forensic evidence. The defense may also argue that the defendant did not intend to cause physical harm or that the killing was done in self-defense or defense of others.

Each degree of murder charge carries different penalties, and the specific circumstances of the crime will determine which degree of murder charge is applied. It is essential to work with an experienced criminal defense attorney who can evaluate the facts of your case and develop a strong defense strategy.

Types of Defenses for Murder

Several defenses may be used in a murder case in New York. Here are some of the most common defenses:

  1. Self-Defense: If the defendant acted in self-defense, they might be able to argue that they had a reasonable belief that they were in imminent danger of being killed or seriously injured and that using deadly force was necessary to protect themselves.
  2. Defense of Others: Similar to self-defense, the defense of others argument can be used when the defendant reasonably believed that someone else was in danger of being killed or seriously injured and that using deadly force was necessary to protect that person.
  3. Justification: This defense may be used when the defendant argues that the killing was justified in some way, such as in cases of capital punishment, war, or euthanasia.
  4. Alibi: If the defendant was not at the scene of the crime at the time of the murder, they can argue that they have an alibi, which is evidence that they were somewhere else at the time of the crime.
  5. Insanity: If the defendant can prove that they were legally insane at the time of the crime, they may be able to avoid a conviction. This defense requires evidence that the defendant did not know that their actions were wrong due to a mental disease or defect.
  6. Intoxication: If the defendant was under the influence of drugs or alcohol at the time of the crime, they might argue that they were unable to form the necessary intent to commit murder.
  7. Mistaken Identity: If the prosecution cannot prove beyond a reasonable doubt that the defendant committed the murder, they may argue that the defendant was mistaken for someone else who committed the crime.
  8. Duress: If the defendant was forced to murder a threat of death or serious bodily harm, they may argue that they acted under duress and should not be held responsible for the crime.

Each case is unique, and the defenses available will depend on the case’s specific circumstances. Working with an experienced criminal defense attorney who can evaluate the evidence and build a strong defense strategy on your behalf is crucial. 

Types of Punishments for Murder

In New York, the types of punishment for murder depend on the degree of the charge.

  1. Murder in the First Degree-Punishable by either life imprisonment without parole or the death penalty.
  2. Murder in the Second Degree-Punishable by a minimum sentence of 15 years to a maximum of life in prison.
  3. Murder in the Third Degree-Punishable by a minimum sentence of 15 years to a maximum of 25 years in prison.

In addition to the above, murder convictions can also carry other legal consequences, such as fines, restitution, community service, and probation.

In cases of murder in the first degree, the state of New York allows the imposition of the death penalty, which involves the execution of the convicted person. However, the state currently has a moratorium on the death penalty, and it is not currently a legal option for punishment.

New York law allows for the imposition of enhanced penalties for murder convictions when the defendant is found to have committed certain aggravating circumstances, such as the use of a firearm or the murder of a law enforcement officer.

What Happens if You Are Charged With Murder in Florida?

If you are charged with murder in New York, you will be facing some of the most serious criminal charges and potential consequences in the state’s legal system.

The first step is to be formally arraigned on the charges, where you will be informed of the charges against you and given an opportunity to enter a plea. You will then be held in custody or released on bail or bond, depending on the specifics of your case.

After arraignment, the case will proceed to pretrial motions, where your attorney will file motions to exclude evidence or challenge the validity of the charges. The prosecution will also file motions, and a judge will rule on each motion.

If the case proceeds to trial, the prosecution will have the burden of proving the charges against you beyond a reasonable doubt. If found guilty, you could face significant penalties, including lengthy prison sentences, life imprisonment, or even the death penalty in cases of first-degree murder.

Contact us today

Murder is one of New York’s most serious criminal offenses, carrying severe legal consequences, including life imprisonment and even the death penalty. As such, it is essential to have a skilled and experienced criminal defense attorney on your side who can help protect your rights and build a strong defense strategy on your behalf.

Our attorneys deeply understand New York’s criminal justice system and the legal complexities of defending against murder charges. We have the knowledge, experience, and resources necessary to investigate the facts of your case thoroughly and develop a robust defense strategy tailored to your specific circumstances.

Some possible defenses for murder charges that our attorneys may use include self-defense, defense of others, lack of intent, mistaken identity, and alibi. With our extensive trial experience and knowledge of the criminal justice system, we can work tirelessly to secure the best possible outcome for you.

At Viscosi Law, we understand that facing murder charges can be overwhelming and stressful. That is why we are committed to providing our clients with compassionate and personalized legal representation. Our team of attorneys is available to answer any questions and provide you with the support and guidance you need throughout the legal process.

If you or someone you know is facing murder charges in New York, do not hesitate to contact Viscosi Law. Our attorneys are dedicated to providing aggressive legal representation to our clients and will fight tirelessly to defend your rights and freedom. Please schedule a consultation today to learn how we can help you with your murder charges in New York.

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