What is murder in the second degree?

By |2020-05-15T13:25:01+00:00May 15th, 2020||

Murder is a class A-1 felony, the most serious crime in New York. There are 5 types of Murder in the Second Degree: Intentional and unlawful killing of another person. NY Penal Law §125.25(1). Depraved Indifference Murder, NY Penal Law §125.25(2). This is where you are acting recklessly, not intentionally, but with such a depraved [...]

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What is felony murder?

By |2020-05-14T13:25:36+00:00May 14th, 2020||

Felony Murder occurs when committing a felony, attempting to commit a felony, or while running away from just committing one, someone dies. It’s worth noting that a felony murder charge will only result if the person who dies was not a participant in the felony, meaning the person who died was not a defendant or [...]

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What is aggravated murder?

By |2020-05-13T14:49:42+00:00May 13th, 2020||

Aggravated Murder involves special cases where the person who died has some special status as defined by the law.  All of these are found under NY Penal Law §125.26. Killing of the following people who have special status would result in an aggravated murder charge: Police officer; Court officer; Parole officer; Probation officer; Employee of [...]

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What is murder in the first degree?

By |2020-05-12T14:49:19+00:00May 12th, 2020||

There are over 20 different types of Murder in the First Degree.  These are all listed under various subdivisions of New York Penal Law §125.27. The crime of Murder in the 1st Degree can be grouped as follows: Many of the same individuals listed in Aggravated Murder will also result in a Murder in the [...]

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What can my sentence be if I am convicted of murder?

By |2020-05-11T14:48:52+00:00May 11th, 2020||

Murder charges are the most serious felonies under New York Law, though the sentences for them may vary. The following are the penalties for Murder, keeping in mind that certain mandatory sentencing may be altered depending on which of the following subdivisions a person has been convicted of, or what the person’s criminal history may [...]

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Can a person be sentenced to death for committing a murder in New York?

By |2020-05-10T09:20:56+00:00May 10th, 2020||

No.  In 2004 the highest court in New York State, the New York State Court of Appeals, found that the death penalty statute was unconstitutional, not the death penalty itself.  However, thus far, the legislature has not passed a new death penalty law.  The last major attempt to do so was in 2008.

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