If a person needs criminal defense in Carmel, NY, it is probably due to a serious crime one has committed. Even though many defense attorneys work on misdemeanors and felonies, many do not deal with charges associated with murder very often. In some instances, a lawyer may never see a murder case. This article talks about the different murder charges one can face.
First-degree murder
This is the most serious charge a person can face and it includes aggravating circumstances too. The prosecutor must prove to a jury or judge that pre-meditated murder was intentional; in other words, the defendant willfully killed the victim. Premeditation is a period of reflection, during which the consequences for and against the act of killing are weighed. Premeditation and deliberation do not require a minimum period of time; it can be done in seconds, or over the course of many years. The punishment for the first-degree murder is twenty-five years to life in state prison.
Murder with aggravating circumstances
First-degree murder with aggravating circumstances refers to murder that is punishable by death or life in prison without the possibility of post-prison release. Aggravating circumstances includes murder for financial gain, murder of a policeman or a judge in connection with their official duties, killing more than one victim, murder perpetrated by a hidden explosive, murder of a witness to a crime, murder by ambush or murder for hire (paying someone to kill another person).
Second-degree murder
All types of murders other than those specified as first-degree murder are second-degree murder. The requirement of intent or malice for murder in first and second grade is the same but a second-degree murder does not have a requirement of premeditation and includes murder by vehicle (including DWI/DUI).
Manslaughter
Manslaughter is killing a person intentionally or unintentionally without malice and it can be voluntary or involuntary. Voluntary manslaughter is killing another person in a sudden fit of passion or rage in response to a legal provocation, or a mistaken belief that it was necessary to use deadly self-defense. Manslaughter is unintentionally killing a person through carelessness or negligence, or during a misdemeanor. Contact a local criminal defense in Carmel, NY or visit for more information.
