The crime of manslaughter often gets confused with homicide or murder, but there are very different elements that make up the charges for these crimes. A person who is charged with manslaughter in the first degree faces a Class B felony charge. The crime of manslaughter in the second degree is charged as a Class C felony.
If manslaughter is charged as an aggravated offense, then the felony classes remain the same for first and second degree charges. A person who is convicted of the crime of manslaughter may face a sentence of one to three years in prison, as well as fines. However, the sentence may go as high as 25 years, depending on the circumstances and the felony class.
For crimes of manslaughter, there are mandatory minimums for the period of incarceration. In order to minimize the potentially severe sentences, it is important to retain effective and knowledgeable criminal defense attorneys.
The skilled attorneys at Greco Neyland, PC have years of experience as defense attorneys, but also rely on the knowledge of the founding members gained from their early careers as prosecutors in order to craft a strong defense.
Under New York law, there are eight different crimes that fall within the classification of manslaughter or criminally negligent homicide, including:
Any crime involving the death of a person leads to a careful scrutiny of the facts in order to determine what charges, if any, are required. The severity of the offense is determined by the unique circumstances of the death. However, even if a case is brought as a manslaughter charge rather than murder, the penalties are severe.
While there are many different fact scenarios that may lead to a manslaughter charge, one of the common charges is manslaughter in the second degree when a person causes the death of another person after showing reckless disregard to the risk of harm to others in choosing to act in a specific way.
A person may be charged with manslaughter in the second degree if he knowingly acts in a reckless manner, with willful disregard to the potential for serious harm that the actions pose to other people.
In order to satisfy this element, the person must have acted in a manner that is different from what a reasonable person would have done under the same or similar circumstances. However, this crime does not require a specific intent to do harm.
The distinction is a bit hazy, but basically, the crime hinges on allegations that the person did not intend to do harm, but did not care enough about the risk of potential harm of serious bodily injury or death to others to behave differently. This is a felony charge where the person could spend up to 15 years in prison.
There are effective defenses that can be used to counter the allegations of the prosecutor in manslaughter cases. The action that led to the manslaughter charge in New York City may have been involuntary, may not have involved any reckless disregard, may have been done in self-defense, or may not have been done at all in the case of mistaken identity.
In addition, experienced defense attorneys may be able to challenge the admissibility of evidence that was obtained illegally or in violation of the defendant’s rights. While the types of defenses may vary, what does not change is the necessity of finding the right lawyers.
Whenever a crime involves the death of another individual, it is crucial to take the charges seriously. The skilled New York City Criminal Defense Attorneys at Greco Neyland, PC are ready to get to work on your behalf as soon as you can come in to talk to us about your case. We are not afraid to take on Manhattan prosecutors in order to get the right outcome for your clients.
Further, we are not worried about taking the case to trial and will not recommend an unfair plea deal just to close a case. Our job is to make sure your best interests are looked after and you are not ruined by these charges.
Call us at (212) 951-1300 to schedule a free initial consultation so that we can learn about the charges that you face. We have offices in Manhattan and White Plains, New York in order to provide easy access for our clients, as well as proximity to the courthouses.
Our NYC criminal lawyers assist clients accused of or charged with the following: