Being charged with homicide in Kingston, NY, is one of the hardest challenges you can face. It’s a confusing and overwhelming time, and knowing where to turn for help matters. Having an experienced lawyer working with you can make a difference in understanding your options and standing up for your rights.
We’re here to support you and guide you through the process every step of the way. If you need help with homicide charges or any other criminal matter in Kingston, New York, reach out for help as soon as possible. Contact Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation with a Kingston homicide lawyer. You can reach us at (845) 566-5345.
How Larkin Ingrassia Criminal Defense Attorneys Can Help if You’re Arrested for Homicide
If you’ve been arrested and charged with homicide in Kingston, NY, the most important thing you can do is work with a criminal defense lawyer. Here’s how our firm can help you:
- We look into the circumstances surrounding the alleged homicide, gathering evidence and identifying witnesses that could support your defense.
- Our attorneys challenge improper or illegal police procedures, including unlawful searches or coerced statements that could hurt your case. Our goal is to have this evidence suppressed, meaning it cannot be used against you in your case.
- We review medical and forensic reports carefully to see if there are any questions about the cause of death or other factors that impact homicide charges.
- We negotiate with prosecutors to explore possible plea options when appropriate, aiming to reduce charges or penalties and exploring probation options instead of incarceration.
Facing homicide charges in Kingston, New York, is overwhelming, but having experienced legal support can help significantly. Contact Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation with a Kingston homicide attorney.
Overview of Homicide in New York
Homicide refers to one person causing the death of another. Not all homicides are treated the same under the law – sometimes, causing someone’s death is considered lawful, like self-defense, while others are unlawful and result in serious criminal charges. What separates the types of homicide charges is the intent behind the act and the circumstances leading up to the death.
Below are examples of homicide-related charges in New York that can be brought when you cause the death of another person.
Criminally Negligent Homicide
This charge applies when a death happens because someone acted recklessly or carelessly, but without intending to kill the other person. This means that the defendant didn’t take the necessary precautions and that their negligence directly caused a fatal outcome.
Aggravated Criminally Negligent Homicide
This is a more serious form of negligent homicide and comes into play if the reckless or careless actions lead to the death of a peace officer while they are performing their duties.
Murder
Murder involves intentionally causing the death of another person, either by planning it ahead of time or acting with extreme recklessness that shows a disregard for human life. The law separates this into different degrees:
- Murder in the First Degree: Murder in the first degree refers to a killing that was planned in advance, known as premeditated murder, with clear malicious intent.
- Murder in the Second Degree: Murder in the second degree is also a planned killing, but without the same level of malice or detailed planning required for first-degree murder.
The distinction in murder charges lies in the level of intent and premeditation involved.
Manslaughter
Manslaughter covers killings where there was no malicious intent or planning, making it less serious than murder, but it is still punishable under the law. It includes:
- Manslaughter in the First Degree: First-degree manslaughter charges apply when someone intends to seriously hurt another person, but the injuries end up causing that person’s death. Even though the goal wasn’t to kill, the harm inflicted led to fatal consequences.
- Aggravated First Degree Manslaughter: Aggravated first degree manslaughter is a more serious charge that is used when the victim is a law enforcement or peace officer. It involves intending to cause serious injury or death to the officer, making the crime more severe under the law.
- Manslaughter in the Second Degree: This occurs when a person acts recklessly, ignoring the dangers their behavior poses, and that reckless action results in someone’s death. There is no intent to kill or even necessarily harm someone, but the careless conduct leads to a fatal outcome.
- Aggravated Second Degree Manslaughter: If a reckless action causes the death of a law enforcement officer while they are on duty, but without intent to harm, this charge might apply.
Each charge carries different consequences, and the details of the case affect what exactly you’ll be facing.
What Are the Penalties For Homicide in Kingston, New York?
Penalties for homicide-related offenses in Kingston vary quite a bit depending on the specific charge. Below is an overview of what you could be facing:
- Criminally Negligent Homicide: This is a Class E felony. A conviction can result in a prison sentence of up to four years.
- Aggravated Criminally Negligent Homicide: This offense is treated as a Class C violent felony. Those convicted may face a prison term ranging from three and a half to 15 years.
- Murder in the First Degree: As one of the most serious charges, this is a Class A-I felony. A conviction can lead to life imprisonment without the possibility of parole.
- Murder in the Second Degree: Also a Class A-I felony, second-degree murder carries a prison sentence between 15 and 25 years.
- Manslaughter in the First Degree: Manslaughter in the first degree is classified as a Class B violent felony and carries a maximum prison term of 25 years.
- Aggravated First Degree Manslaughter: This is a Class B violent felony as well, with possible sentences from five to 25 years in prison.
- Manslaughter in the Second Degree: This charge is a Class C felony. Sentences typically range from one to three years at minimum, with a maximum of up to 15 years.
- Aggravated Second Degree Manslaughter: This is a Class C violent felony, and carries prison terms between three and a half and 15 years.
Understanding the wide range of potential punishments shows why it’s important to have strong legal representation when facing homicide charges, especially if you’re accused of one of the more serious charges.
What Defenses Can Be Raised if I’m Arrested for Homicide?
Being charged with homicide is serious, but there are several defenses your lawyer may be able to raise on your behalf, depending on the specifics of your case. Some of the most common include:
Self-Defense
One of the most common defenses involves proving that you acted to protect yourself from immediate harm. If you reasonably believed your life or safety was at risk, the law may allow you to defend yourself, even if that use of force resulted in someone’s death.
Lack of Intent
Since many homicide charges depend on intent, showing that you did not plan or intend to cause death can affect the criminal case. For example, if a death happened by accident or through reckless behavior, this may reduce charges from murder to manslaughter or negligent homicide. While you could still be convicted, you’d likely spend significantly less time in prison or maybe not be incarcerated at all.
Insufficient Evidence
The prosecution must prove its case beyond a reasonable doubt. If the evidence is weak, contradictory, or missing important facts, your lawyer can challenge whether there is enough proof to convict you.
Alibi
Providing an alibi means showing you were somewhere else when the crime happened, meaning you are claiming to be totally innocent of the charges you are facing. If this is supported by evidence or witnesses, it can lead to a not guilty verdict. Video footage, witness statements, receipts, and cell phone data can be helpful when using this defense.
Being accused of homicide in Kingston, New York, changes every part of your life in an instant. It can leave you feeling unsure about what comes next. Working with an attorney who knows how to handle these serious charges means someone is fighting for you and trying to understand your side of the story. No matter how complicated things may seem, you should never lose hope. Contact Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation with a Kingston homicide lawyer.