Manslaughter | Lawyers/Attorneys

What is Manslaughter?

In New York State Court, there are various types of Manslaughter charges. Manslaughter is less serious than murder, but still very serious.  The main difference between Manslaughter and Murder is the intent of the accused at the commission of the crime.

What is Manslaughter in the 1^st Degree?

A person can be charged with manslaughter in the 1^st degree, in violation of NY penal law section 125.20 if the defendant commits one of the following acts:

1. The defendant intends to cause serious physical injury to a person but instead causes that person or another person to die;
2. The defendant intends to cause the death of another person and causes the death, but it occurs when the defendant was under the influence of extreme emotional disturbance. Therefore, instead of being charged with murder (link) the defendant is charged with Manslaughter.
3. The defendant is over 18 years old and intends to cause injury to someone less than 11 years old, but in doing so the defendant’s conduct creates a grave risk of serious physical injury to the child and the child ultimately dies.

What Punishment Do I Face If I am Convicted of Manslaughter in the 1^st Degree?

Manslaughter in the 1^st degree is a class B felony. If a person is convicted of this offense, the person faces a mandatory prison sentence between 5 and 25 years, post release supervision (see blog/webpage) of between 2 ½ years and 5 years, and a fine of up to $5000.

What is Manslaughter in the 2^nd Degree?

A person can be charged with manslaughter in the 2^nd degree, in violation of NY penal law section 125.15 if the defendant commits one of the following acts:

1. He recklessly causes the death of another person. This means that the defendant engages in conduct which creates or contributes to a substantial and unjustifiable risk that another person’s death will occur.
2. He intentionally causes or aids another to commit suicide.

What Punishment Do I Face If I am Convicted of Manslaughter in the 2^nd Degree?

Manslaughter in the 2^nd degree is a class C felony. If a person is convicted of this offense, the person faces up to 15 years in a state correctional facility. In the alternative, the defendant may be sentenced to maximum period of probation of up to 5 years. The defendant also faces a fine of up to $5000.

What is Aggravated Manslaughter in the 1^st Degree?

A person can be charged with aggravated manslaughter in the 1^st degree, in violation of NY penal law section 125.22 if the defendant commits one of the following acts:

1. with intent to cause serious physical injury to a police officer or peace officer he or she causes the death of such officer or another police officer or peace officer.
2. with intent to cause the death of a police officer or peace officer, he or she causes the death of such officer or another police officer or peace officer but where the defendant was under the influence of extreme emotional disturbance. Therefore, instead of being charged with murder (link) the defendant is charged with Manslaughter.

What Punishment Do I Face If I am Convicted of Aggravated Manslaughter in the 1^st Degree?

Aggravated Manslaughter in the 1^st degree is a class B felony. If a person is convicted of this offense, the person faces a mandatory prison sentence between 10 and 30 years, post release supervision of between 2 ½ years and 5 years, and a fine of up to $5000.

What is Aggravated Manslaughter in the 2^nd Degree?

A person can be charged with aggravated manslaughter in the 2^nd degree, in violation of NY penal law section 125.21 if the defendant recklessly causes the death of a police officer or peace officer.

What Punishment Do I Face If I am Convicted of Aggravated Manslaughter in the 2^nd Degree?

Aggravated Manslaughter in the 2^nd degree is a class C felony. If a person is convicted of this offense, the person faces a mandatory sentence of between 7 and 20 years, post release supervision of between 2 ½ years and 5 years, and a fine of up to $5000.

What is Vehicular Manslaughter in the 1^st Degree?

A person can be charged with vehicular manslaughter in the 1^st degree, in violation of N.Y. penal law section 125.13 if the defendant commits vehicular manslaughter in the 2^nd degree as defined below and has one of the following aggravating factors:

1. a blood alcohol content of.18 or higher.
2. while their driver’s license is suspended or revoked because of a prior alcohol or drug related driving offense or a refusal to submit to a chemical test.
3. has previously been convicted of DWAI, DWI or Driving while ability impaired by drugs within the preceding ten years;
4. causes the death of more than 1 person.
5. a prior manslaughter conviction or a prior conviction of vehicular assault (link to page)
6. commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes the death of such child.

What Punishment Do I Face If I am Convicted of Vehicular Manslaughter in the 1^st Degree?

Vehicular Manslaughter in the 1^st degree is a class C felony. If a person is convicted of this offense, the person faces up to 15 years in a state correctional facility. In the alternative, the defendant may be sentenced to maximum period of probation of up to 5 years. The defendant also faces a fine of up to $5000.

What is Vehicular Manslaughter in the 2^nd Degree?

A person can be charged with vehicular manslaughter in the 2^nd degree, in violation of NY penal law section 125.12 if the defendant commits one of the following acts:

1. they operate a motor vehicle or a boat while intoxicated by alcohol and/or impaired by drugs and causes the death of a person.
2. they operate a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives while impaired or intoxicated by alcohol and/or drugs and causes the death of another person.
3. they operate a snowmobile or an all-terrain vehicle while intoxicated by alcohol and/or impaired by drugs causes the death of another person.

 What Punishment Do I Face If I am Convicted of Vehicular Manslaughter in the 2^nd Degree?

Vehicular Manslaughter in the 2^nd degree is a class D felony. If a person is convicted of this offense, the person faces an indeterminate sentence up to 7 years in a state correctional facility. In the alternative, the defendant may be sentenced to maximum period of probation of up to 5 years. The defendant also faces a fine of up to $5000.