What Happens if You Are Charged With Murder in NY?
Being charged with murder in New York is one of the gravest legal situations anyone can face. A murder charge brings life-altering consequences, and the criminal justice process can be overwhelming. It’s essential to understand the legal process, potential penalties, and the importance of experienced legal representation.
At Viscosi Law, we have the expertise to guide you through this challenging time. Our team, led by Michael Viscosi, Esq., is committed to providing comprehensive criminal defense for those accused of serious crimes, including murder. In this article, we’ll explore what happens if you’re charged with murder in New York, your legal options, and how Viscosi Law can help.
Understanding Murder Charges in New York
Murder is one of the most serious crimes under New York law, and it’s classified into different degrees based on the nature of the crime. Whether first-degree or second-degree, a murder charge comes with severe penalties, potentially including life in prison without parole.
Types of Murder Charges
- First-Degree Murder
First-degree murder involves the intentional and premeditated killing of another person, often with aggravating factors such as:- The victim was a law enforcement officer, judge, or witness.
- The murder was committed during an act of terrorism.
- The victim was tortured.
- The killing was a contract killing, meaning the perpetrator was paid to commit the murder.
- Second-Degree Murder
Second-degree murder is the intentional killing of another person without premeditation or in circumstances involving “depraved indifference” to human life. It can also include deaths that occur during the commission of a felony (felony murder rule) or as a result of reckless actions.
New York’s Felony Murder Rule
Under New York’s felony murder rule, a person can be charged with second-degree murder if someone dies during the commission of certain felonies, even if the death was unintended. These felonies include:
- Arson
- Burglary
- Robbery
- Kidnapping
- Rape
- Sexual abuse
- Escape
In some cases, if the death was intentional, the charge could be elevated to first-degree murder.
Immediate Steps to Take If Charged With Murder
If you are charged with murder in New York, the first few steps you take can significantly impact the outcome of your case. Here are the critical actions to consider:
Invoke Your Right to Remain Silent
After being charged with murder, you have the constitutional right to remain silent. Do not speak to law enforcement officers without legal representation. Anything you say can and will be used against you in court.
Contact an Experienced Criminal Defense Lawyer
As soon as possible, reach out to an experienced criminal defense lawyer, such as Michael Viscosi, Esq., at Viscosi Law. Your attorney will guide you through the legal process, protect your rights, and build a defense strategy tailored to your case.
Preserve Evidence
If possible, collect and preserve any evidence that may help your case. This could include witness statements, video footage, or any relevant information that may support your defense.
The Criminal Process for Murder Charges in NY
Facing a murder charge in New York involves a lengthy and complex legal process. Understanding the steps involved can help alleviate some of the anxiety and uncertainty you may feel.
Arrest and Arraignment
After your arrest, you will be taken to court for an arraignment, where the charges against you will be read, and you will have the opportunity to enter a plea. At this point, your lawyer may argue for bail, though in murder cases, bail is often denied.
Pre-Trial Proceedings
During the pre-trial phase, your defense attorney will review the evidence, file motions, and work to suppress any unlawfully obtained evidence. Pre-trial negotiations with the prosecutor may also take place, potentially leading to a plea deal if that is in your best interest.
Trial
If no plea agreement is reached, your case will go to trial. At trial, the prosecution must prove beyond a reasonable doubt that you committed the crime. Your defense lawyer will challenge the evidence, present witnesses, and build a strong defense aimed at securing a not guilty verdict.
Sentencing
If convicted, the court will impose a sentence based on the severity of the crime and other factors. In murder cases, sentencing could result in life imprisonment, with or without the possibility of parole, depending on the charge and specific circumstances.
Potential Defenses Against Murder Charges
A skilled attorney can explore various defenses to challenge a murder charge. Some of the most common defenses include:
Lack of Intent
For a murder conviction, the prosecution must prove intent. If your attorney can demonstrate that the killing was accidental or unintentional, the charges could be reduced or dismissed.
Self-Defense
If you acted to protect yourself or others from imminent harm, self-defense could be a viable legal strategy. In such cases, your attorney will argue that you were justified in using lethal force to prevent further danger.
Mistaken Identity
In some murder cases, mistaken identity plays a role, particularly when evidence such as eyewitness testimony is unreliable. Your attorney may present alibi evidence or highlight weaknesses in the prosecution’s case to demonstrate that you were not the person responsible.
Mental Incapacity
If you were suffering from a mental illness or defect at the time of the crime, your attorney may argue that you lacked the mental capacity to form the intent required for a murder conviction.
The Consequences of a Murder Conviction in New York
A murder conviction in New York carries severe penalties. Understanding these consequences underscores the importance of having a skilled criminal defense lawyer on your side.
First-Degree Murder Penalties
A conviction for first-degree murder can result in life imprisonment without the possibility of parole. This is one of the harshest sentences under New York law, reserved for the most egregious cases.
Second-Degree Murder Penalties
A conviction for second-degree murder can lead to a sentence of 25 years to life in prison. In some cases, parole may be an option after serving a minimum sentence, but this depends on the specifics of the case.
Why You Need an Experienced Murder Defense Attorney
If you are facing a murder charge in New York, the stakes are incredibly high. Hiring an experienced criminal defense lawyer is essential to protecting your rights and ensuring the best possible outcome for your case. At Viscosi Law, Michael Viscosi, Esq. has a proven track record of defending clients charged with serious crimes, including murder.
With years of experience as both a prosecutor and defense attorney, Michael Viscosi has successfully won numerous criminal jury trials and is well-versed in the complexities of New York’s legal system. His background in handling high-stakes cases makes him the ideal choice for your defense.
Contact Viscosi Law for Aggressive Criminal Defense
If you or someone you know has been charged with murder in New York, don’t wait. The sooner you have legal representation, the better your chances of building a strong defense.
Viscosi Law, located in Johnstown, NY, is here to help. With a deep understanding of criminal defense and a commitment to protecting your rights, our team will fight tirelessly for the best possible outcome.
Call Viscosi Law at +1 (518) 762-0011 or visit viscosilaw.com to schedule a consultation today. We are ready to stand by your side and defend your future.
