NYC
Homicide, Murder &
Manslaughter
Lawyer
Homicide, Murder & Manslaughter Defense Attorney in NYC
Murder and manslaughter are among the most serious crimes possible in any jurisdiction. In the state of New York, convictions can result in severe penalties ranging from 15-25 years of incarceration, life sentences, and even the death penalty. If you or someone you know has been charged with murder or manslaughter, it is essential that they speak with a New York criminal defense attorney and NYC homicide, murder & manslaughter lawyer as soon as possible.
Hire a Homicide, Murder & Manslaughter Lawyer in New York City
For decades, the team at the Law Offices of Robert Tsigler, PLLC has fought for the interests of those accused of criminal charges. We know how overwhelming and stressful it is to face any criminal charge, and how much worse it is when those charges are as serious as homicide. You may be facing these charges due to a mistake, because you acted to protect yourself, or for many other reasons. When you work with our team, we support you and protect your rights.
Our firm prioritizes communication, comprehensive legal care, and compassion. We can guide you through each step of the case, crafting the right defense and clearly explaining your situation. Our attorneys will fight for the ideal outcome to your case.
Homicide & Murder Case Results
Attempted Murder & Felony Weapon Allegations
Where Handled: Kings County Criminal Court, Brooklyn, NY
The Challenge: The client was facing life-altering consequences, including significant state prison time, due to charges of attempted murder and felony firearm possession. A conviction would have resulted in a permanent violent felony record.
The Defense: Our legal team conducted a rigorous analysis of all discovery and focused on a strong mitigation strategy. We aggressively challenged the prosecution’s claims and successfully negotiated a conditional plea. Additionally, we coordinated with probation departments across different jurisdictions to ensure the client remained in compliance and the favorable plea was upheld.
Case Timeline: Approximately 18 months
The Outcome: The attempted murder charge was dismissed. The felony weapon charge was vacated and reduced to a misdemeanor. The client received two years of probation and no jail time.
Homicide Charges in NYC
Homicide is a blanket term that covers a wide range of situations related to actions or inaction that result in the death of another. There are many degrees and classifications between these crimes, which are determined based on the intention of the accused, the motives behind their actions, and the means by which the murder was carried out. All homicide charges require the services of a New York criminal defense lawyer.
- Murder in the 1st Degree: This homicide charge results from the planned killing of another with premeditated intention
- Manslaughter in the 2nd Degree: This homicide charge refers to a death caused during another criminal act but without premeditation or specific malefic intent.
- Manslaughter in the 1st Degree: This homicide charge refers to an accidental killing which occurs as a result of intentional choices to injure or otherwise cause harm. It can also refer to the death of someone while attempting to murder a third party.
- Vehicular Manslaughter in the 2nd Degree: This homicide charge results from the unintentional killing of someone while violating state traffic laws or driving under the influence of intoxicants whether drugs or alcohol.
- Vehicular Manslaughter in the 1st Degree: This homicide charge results from the death of someone by violating state traffic laws with a suspended license at the time of the crime.
- Criminally Negligent Homicide: This homicide charge results from careless or reckless behavior which leads to a death.
- Aggravated Criminally Negligent Homicide: This homicide charge results from careless or reckless behavior which leads to the death of a police officer while they were performing official duties.
Featured Insight From Attorney Robert Tsigler
Founding Attorney Robert Tsigler was featured in Us Weekly discussing the argument that Luigi Mangione was interrogated by police before being read his Miranda rights during a murder defense case in New York City.
The defense team is seeking to have the suspect's statements and any evidence resulting from the pre-Miranda interrogation ruled inadmissible.
He explained how questioning someone before reading their rights can lead to key evidence being thrown out, which can weaken the prosecution’s case.
“This is a pivotal issue because if the court agrees Luigi was interrogated while effectively in custody before being read his rights, his statements and any evidence that flowed from them could be ruled inadmissible and the prosecution’s case would be significantly weakened,” Tsigler explained to Us Weekly.
“In a murder prosecution where the gun and alleged manifesto are central pieces of the state’s narrative, losing that evidence fundamentally changes the trial landscape and can drive plea negotiations or even force the government to rethink its theory. That said, the defense has an uphill battle here, as judges are hesitant to grant these motions in high-profile violent cases.”— Robert Tsigler, Founding Attorney, as featured in Us Weekly
His insight shows how early mistakes during an arrest can shape the direction of a murder trial and influence what evidence the jury ultimately hears.
NYC Homicide Attorney
There was an 11.9% decrease in murders in the city in 2023, but 430 of all homicides were caused by gun crime.
While most people think that any kind of homicide is a crime, there are some instances where it isn’t, like in cases of self-defense. However, in order for this to be a valid defense, there needs to be evidence to show that you committed the act because you were in fear for your life.
For you to be charged with homicide, there needs to be elements of negligence and intent involved in the act.
The possible sentences for homicide vary depending on the exact crime that you are charged with and your criminal history. The type of victim can also play a part in your sentence, as the killing of a police officer or another type of law enforcement official carries a longer sentence than killing a next-door neighbor.
These are reasons why it’s important to find an attorney who has your interests in mind and who can work to present as much information and evidence as possible so that you spend as little time in prison as possible.
There are a few defenses to homicide that can be presented. The first is to try to show that the prosecution has the wrong person on trial and that someone else committed the crime instead of you. Another common defense is that you committed the crime but did so in self-defense.
You would then need to have evidence that points to an act committed against you that made you fear for your safety, such as someone entering your home. The insanity defense can also be used in court if you can prove that you acted out of mental anguish or that you didn’t know what you were doing at the time. Any health records that can link a mental disorder can be beneficial as well.
If you are convicted of homicide and you are unable to use an insanity defense or another type of defense that would result in time not spent in prison, then our attorneys can appeal in order to buy you a bit more time to find other evidence.
Call the Law Offices of Robert Tsigler, PLLC
At our firm, we know that time is of the essence. This is why we are available 24/7 to guide you through your entire case. Our New York murder defense attorney provides honest defense solutions to help you get results.
Directly causing the death of another person is homicide. The manner of homicide can vary from physical attacks to lethal poisoning. Taking the life of another person under New York law is subject to charges of homicide, which has various categories including manslaughter and murder.
Murder Defined Under New York Law
Murder under New York Law is one of the most serious charges, carrying life-altering consequences, and understanding the definitions, classifications, and penalties is essential for anyone facing allegations. As your dedicated NYC homicide, murder & manslaughter attorney, the Law Offices of Robert Tsigler, PLLC, provides strategic guidance to protect your rights from day one.
Some key aspects of murder under New York Penal Law § 125.25 include:
- Second-degree murder. This occurs when a person intentionally causes the death of another, or when a death is caused during the commission of certain felony crimes, even if there was no intent to kill.
- First-degree murder. This involves aggravating factors like killing a police officer, murdering multiple victims, or committing a murder-for-hire.
- Penalties. Second-degree murder carries 15 years to life in prison, while first-degree murder can range from 20-25 years to life. Eligibility for parole could take decades, if at all.
- Affirmative defenses. In some cases, extreme emotional disturbance or lack of intent can reduce a murder charge to manslaughter. However, establishing these kinds of defenses requires careful review of the psychological and factual evidence.
At the Law Offices of Robert Tsigler, PLLC, our homicide, murder & manslaughter attorneys examine whether intent can be proven beyond a reasonable doubt. Due to the severity of New York’s murder laws, early intervention is vital. Immediate action allows for the preservation of evidence, protection of your constitutional rights, and strategic defense planning.
Manslaughter Defined Under New York Law
Manslaughter is a distinct offense that differs from murder primarily in terms of intent and mental state. While still a serious felony, the classification and penalties vary depending on the degree of recklessness or intent. Our experienced homicide, murder & manslaughter attorneys can evaluate the evidence and advocate for appropriate reductions.
Some of the key elements of manslaughter under New York Penal Law § 125.20 include:
- First-degree manslaughter. This involves the intentional infliction of serious physical injury that results in accidental death under extreme emotional disturbance.
- Second-degree manslaughter. This occurs when a death results from reckless conduct, showing disregard for substantial and unjustifiable risks.
- Penalties. First-degree is a Class B felony, with a maximum penalty of up to 25 years in prison. Second-degree is a Class C felony with a maximum penalty of 15 years.
- Defense considerations. Challenging a manslaughter charge often requires careful analysis of accident reconstruction, witness testimony, and professional reports that differentiate between recklessness and intent.
New York murder laws and manslaughter statutes can intersect, as a murder charge can be reduced to a manslaughter charge if intent can’t be proven. On the other hand, a manslaughter charge can be elevated to murder depending on how the prosecution interprets the facts.
Both murder and manslaughter fall under the broad category of homicide, demanding a thorough examination of the forensic evidence, the digital records, surveillance, and procedural compliance. The Law Offices of Robert Tsigler, PLLC, provides aggressive representation to protect clients facing serious allegations in New York City.
A Deeper Dive Into the Degrees of Murder
The most serious homicide offenses are first and second degree and aggravated murder. First degree and second degree murder relates to the killing of another individual that was either planned or premeditated or the result of recklessness and depravity of human life.
Second degree murder can most accurately be described as the middle ground between first degree murder and voluntary manslaughter.
Aggravated murder is in its own category and relates specifically to the killings of people who are employed in law enforcement, emergency response or corrections. You can also be charged with aggravated murder if you kill someone who is 14 years old or younger in a particularly aggressive and cruel manner.
New York penal code § 125.26 is used when charging a person who had the intent to kill another individual and the victim was a law enforcement or corrections officer, paramedic, physician or person under the age of 14.
Example
George is currently serving a lifetime prison sentence for first-degree murder; one night, a riot breaks out in the jail. As corrections officers storm the room, George tackles one to the ground, assaults and strangles him to death. George is eventually subdued by other officers and can be charged with aggravated murder of a correctional facility worker.
Defenses
The primary defense for aggravated murder is emotional disturbance. In order for this argument to be valid, you would have to demonstrate that you were under extreme emotional duress at the time of murder and acted under circumstances with a reasonable explanation.
Failure to adequately justify the emotional distress could result in a failed defense; proof of extreme emotional distress that resulted in murder does not mean you won’t be charged at all. Instead, you may be charged with manslaughter.
The purpose of a murder defense is not to completely deny allegations when there is evidence that you committed the crime. Instead, your defense argument should focus on demonstrating the just cause for homicide. Self-defense, for example, is a reasonable argument, but it does not completely justify murder.
A realistic murder defense should seek a reduction in the severity of the charges or lesser jail time rather than complete exoneration.
Jail Sentence
Aggravated murder is a class A-1 felony, which is the highest degree a criminal can be prosecuted.
In many cases, class A felonies would be qualifications for the death penalty, but New York abolished capital punishment in 2007. As an alternative, people convicted of a class A-1 felony are subject to a lifetime sentence without the possibility of parole.
How a NYC Homicide, Murder & Manslaughter Attorney Can Help: Real-World Scenarios
If you’re facing charges of aggravated murder in the state of New York, working with a Federal crimes attorney can help you reduce your sentence or have the charges dropped altogether. People have a right to a lawyer from the state, but choosing your own defense attorney demonstrates responsibility.
Working with a criminal defense lawyer can help you formulate and present a much more sound argument; defense lawyers understand the legal system and potential defenses for various crimes including murder. Time is of the essence in criminal defense cases, and working with an attorney can have your sentence reduced or dropped. An experienced homicide, murder, and manslaughter attorney can help you:
- Understand your charges. The case against you may be complex. An attorney understands the criminal justice system and the specific case you are facing. They can lay out your options for defense, plea bargains, or other options.
- Represent you. An attorney represents you in court, including hearings and trials. Navigating the process and understanding the legal requirements can be overwhelming, but having an attorney can make it much more straightforward.
- Find a strong defense. There are many potential defenses to a manslaughter or murder charge, but the right one depends on your unique circumstances. When you hire a homicide, murder & manslaughter lawyer, they consider those specifics, the evidence, and the case the prosecution has, and develop a defense strategy. You may have acted in self-defense, defense of others, or not intended to cause harm. An attorney can determine the right defense.
- Protect your rights. Whether you are going to trial or negotiating a plea bargain, you have rights. An attorney protects those rights during the case and takes action if your rights were violated during the investigation or your arrest. In some cases, this can lead to the dismissal of evidence, thereby weakening the prosecution's case against you.
New York Penal Law § 125.27: Murder in the first degree
If there is any kind of intent behind the killing of another person, then you can be charged with first-degree murder in New York. You might even notice that there is more than one offense related to the killing of another person, according to the laws that are stated.
First-degree murder is the most serious charge and often requires the assistance of an attorney so that you understand your rights and so that the proper defenses can be used in the courtroom setting. Each murder charge that is listed in the state, such as first-degree or second-degree, carries a felony charge.
You could be charged with first-degree murder if you intentionally killed a police officer or another member of law enforcement. The killing could have involved that of a firefighter or another emergency responder who was responding to provide assistance in an emergency situation.
You can be charged if you had intent behind the killing of an employee of a correctional facility or caused the death of someone who was a witness to a crime, and you wanted the person not to be able to testify. First-degree murder can be charged if you committed the killing during the commission of a felony crime or if you killed another person for profit.
If you’ve been convicted in the past of killing someone in the second degree, then you can be charged with first-degree murder if you have the intent behind another killing.
Example
Two men kidnap a woman and ask for a ransom in the amount of $500,000. One of the men hits the woman on the head so that she can’t leave. The woman dies because of the injuries she received from the wound. Since the men committed the crime of first-degree kidnapping and the woman died while they were in the commission of the crime, they would also be charged with first-degree murder.
The key to first-degree murder is that there has to be intent behind the killing of the other person. If there is no clear intent to kill the other person or there was no other crime in progress, then you likely won’t be charged with first-degree murder.
In New York, murder is considered a class A-I felony. Even if you receive the minimal sentence for murder, you could still face up to 40 years in prison. Life in prison is at the far end of the sentencing options.
If you are charged with first-degree murder, it’s important to contact an attorney as soon as possible who can prepare the strongest defense for you.
Homicides in New York City
In 2024, there were 66 murders reported by the New York County Police Department (NYPD) and the Division of Criminal Justice Statistics, out of a total of 11,262 violent crimes reported by the NYPD. 26 or 39% of these offenses involved a firearm. While there were fewer firearm murders committed compared to robbery or assaults committed with firearms, murders had the highest percentage of offenses committed using a firearm.
In the past six years, the number of murders in New York County peaked in 2021 at 92 reported murders, after a significant increase from 52 in 2019 to 84 in 2020. Since 2021, the number of murders reported has decreased, but has yet to reach the average of pre-pandemic murders. The Federal Bureau of Investigation (FBI_ in 2019 reported the following weapons used in the 550 homicides reported in New York state:
- 298 total firearms, including 255 handguns, five shotguns, and three rifles
- 119 knives or cutting instruments
- 89 other weapons
- 44 without weapons but using hands, fists, feet, or other non-instruments
The FBI also reported that there were 319 cases of murder and non-negligent manslaughter in New York City in 2019.
Serving Clients Across NYC
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Our office offers a confidential initial consultation. Reach us at 718-878-3781.
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We Set the Bar Others Strive to Reach
If you were wrongly accused of committing a crime in the state of New York, then you need to get a lawyer who is going to advocate for your rights. You want a lawyer to hear you out and get you the results that you deserve.
Our team focuses on the following fields: immigration, domestic violence, drug crimes, murder & manslaughter, sex crimes, weapons possession, and white collar crimes. If you or a family member has been accused of a crime, you need to get in contact with the Law Offices of Robert Tsigler, PLLC.
The Law Offices of Robert Tsigler, PLLC, offers a risk-free consultation to all potential clients. During the initial consultation, we answer any and every question while discussing all aspects of the case and the possible repercussions. At the Law Offices of Robert Tsigler, PLLC, we know time is of the essence, so we have 24/7 availability. We also make sure to return all emails and calls within hours.
Robert Tsigler is a well-respected, award-winning criminal defense lawyer who has helped thousands of people secure favorable outcomes in their criminal cases. He works in courts in New Jersey, New York, and throughout the United States.
Robert Tsigler practices civil and criminal law and graduated from the University of New York with a Bachelor of Arts in Criminal Justice and Psychology. Tsigler also received his Jurist Doctorate from The New York Law School.
The Murder Defense Law Firm of Robert Tsigler, PLLC, is Ready to Advocate for You
Getting representation as soon as possible following any murder defense-related charge gives you the strongest chance at obtaining the most favorable outcome. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration.
Contact us today to schedule a consultation.
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