Queens
Homicide, Murder & Manslaughter
Defense Lawyer

Queens Homicide, Murder & Manslaughter Defense Attorney

Homicide offenses, including murder and manslaughter, are among the most serious charges you can face in New York. Penalties can range from decades in prison to life imprisonment.

These cases involve complex factors, like intent, weapons, and whether the case is prosecuted in state or federal court. That makes the stakes exceptionally high. Quickly hiring a trusted Queens homicide defense lawyer can be crucial to getting a more favorable outcome.

Exercise your Miranda rights and contact a Queens murder defense attorney at the Law Offices of Robert Tsigler, PLLC today.

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Why You Need a Queens Murder & Manslaughter Attorney

Being accused of causing another person’s death is among the most serious situations a person can face, and a conviction can carry decades in prison or longer. You need a Queens murder and manslaughter defense attorney who will explore every available avenue of defense in your case, from the earliest stages of the investigation through trial, if necessary.

Robert Tsigler founded the firm after beginning his career on the other side of the courtroom, interning at the Kings County District Attorney’s Office before moving into criminal defense. That experience gives him a working knowledge of how prosecutors build a homicide case — and where those cases are most vulnerable to challenge.

His record has earned recognition beyond the firm’s own marketing: a 10.0 “Superb” rating on Avvo, a 5.0/5.0 peer-review rating from Martindale-Hubbell, and selection to the Super Lawyers “Rising Stars” list.

When you choose the Law Offices of Robert Tsigler, PLLC to represent you in a murder or manslaughter case, our team investigates every aspect of your case, challenges the prosecution’s evidence and witnesses, and works closely with you to gather any exculpatory evidence.

If you or a loved one has been arrested, contact our Queens homicide and murder defense lawyers today (718-878-3781, available 24/7) to discuss the legal representation available in your case.

Prior results do not guarantee a similar outcome.

Murder vs. Manslaughter Under New York Law

New York’s Penal Law does not use the terms “voluntary” and “involuntary” manslaughter that appear in some other states. Instead, homicide offenses are organized by degree and by the defendant’s state of mind — intentional, reckless, or negligent.

Broadly, the charges break down as follows:

Murder in the second degree (Penal Law § 125.25) is the most commonly charged homicide offense and applies when a person intentionally causes the death of another person. It also covers certain “felony murder” situations, where a death occurs during the commission of an underlying violent felony such as robbery, burglary, arson, or rape.
Murder in the first degree (Penal Law § 125.27) is reserved for intentional killings accompanied by specific aggravating factors defined by statute. For example, the killing of a police officer, a killing carried out for hire, multiple victims, or a killing committed with torture. It is New York’s most serious homicide charge.
Manslaughter in the first degree (Penal Law § 125.20) applies when a person intended to cause serious physical injury, but the victim died as a result. It also applies to certain killings committed under the influence of extreme emotional disturbance.
Manslaughter in the second degree (Penal Law § 125.15) applies when a person recklessly causes another person’s death, without any intent to kill or seriously injure. Reckless conduct behind the wheel can also lead to vehicular manslaughter charges under related sections of the Penal Law.
Criminally negligent homicide (Penal Law § 125.10) is a lower-level homicide charge that applies when a death results from criminal negligence (a failure to perceive a substantial risk) rather than intentional or reckless conduct.

One important nuance: New York law recognizes an affirmative defense of “extreme emotional disturbance” (EED) to a murder charge. If a defendant can show they acted under the influence of an extreme emotional disturbance for which there was a reasonable explanation, a second-degree murder charge can potentially be reduced to first-degree manslaughter — even though the killing was intentional.

This is sometimes referred to informally as a “heat of passion” defense, but it is a specific, narrow legal standard, not an automatic outcome, and the burden is on the defense to establish it.

Potential Penalties for a Homicide Conviction in New York

The penalties for a homicide conviction vary significantly by charge:

Charge	Classification	Sentencing Range
Murder in the 1st Degree	Class A-I Felony	20 to 25 years to life (up to life without parole in certain cases)
Murder in the 2nd Degree	Class A-I Felony	15 to 25 years to life
Manslaughter in the 1st Degree	Class B Felony	5 to 25 years
Manslaughter in the 2nd Degree	Class C Felony	Approx. 1 to 15 years
Criminally Negligent Homicide	Class E Felony	Up to 4 years

Current as of July 2026.

Because murder and manslaughter charges are generally treated as “qualifying offenses” under New York’s bail statute, a judge has discretion to set bail, impose non-monetary conditions, or, in some circumstances, order that a defendant be held without bail while the case is pending. This makes early representation from a trusted homicide defense attorney in Queens especially important.

Defending Against Murder and Manslaughter Charges in Queens, NY

A strong defense in a homicide case requires a thorough investigation and an aggressive strategy to challenge the prosecution’s narrative at every turn.

Self-Defense

New York law permits the use of deadly physical force in self-defense, but only under specific conditions. You must reasonably believe that the other person is using or about to use deadly physical force against you, and you must generally retreat if it is safe to do so, unless you’re in your own home. Under New York’s “Castle Doctrine,” you don’t have to retreat if you’re in your dwelling and did not start the confrontation.

Whether this force was legally justified is a central, fact-intensive issue at trial.

Challenging the Degree of Homicide

A key defense strategy involves disputing the specific charges, not just the occurrence of the killing. Some ways our Queens manslaughter defense lawyers can argue for a reduction in charges are:

Proving a lack of intent to kill.
Establishing that the defendant acted under extreme emotional disturbance (EED), which can potentially reduce a second-degree murder charge to first-degree manslaughter.
Disputing eyewitness identification or highlighting inconsistencies in witness testimony.
Challenging forensic evidence or breaks in the chain of custody for physical evidence.
Raising an alibi defense supported by documentation, video footage, or witness testimony.

No matter how the prosecution frames the charge, a thorough, fact-specific defense strategy can be the difference between a murder conviction and a significantly reduced outcome.

Challenging the Prosecution’s Evidence

Beyond the charge itself, a homicide case often turns on the strength of the evidence the prosecution presents. Our Queens defense team scrutinizes every piece of that evidence for gaps, inconsistencies, and procedural missteps the state can’t afford to have exposed at trial.

A case that looks airtight on paper can fall apart once these elements are challenged.

FAQs

What’s the Difference Between Murder and Manslaughter in New York?

The core difference is intent. Murder generally requires an intent to kill (or, in felony murder cases, that a death occurred during a separate violent felony). Manslaughter applies when a person intended to cause serious injury but not death, or when a death resulted from reckless or criminally negligent conduct rather than an intent to kill.

Does New York Use the Terms “Voluntary” and “Involuntary” Manslaughter?

No. Those labels are used informally and in some other states, but New York’s Penal Law defines the charges as manslaughter in the first degree and manslaughter in the second degree, along with related charges like vehicular manslaughter and criminally negligent homicide.

Can a Self-Defense Claim Reduce a Murder Charge?

If successful, a self-defense claim can result in an acquittal rather than a reduced charge, because it argues the use of force was legally justified. This is different from an extreme emotional disturbance defense, which can reduce an intentional killing from second-degree murder to first-degree manslaughter without requiring the underlying use of force to have been legally justified.

Am I Eligible for Bail if I’m Charged With Murder or Manslaughter in Queens?

Homicide charges are generally “qualifying offenses” under New York’s bail law, meaning a judge has discretion to set bail, impose release conditions, or order pretrial detention. This is a case-by-case decision made at arraignment, and having an attorney present at that stage can affect the outcome.

How Quickly Should I Contact a Lawyer After a Homicide Arrest in Queens?

Immediately. Statements made to police in the hours after an arrest, and decisions made at arraignment, including bail arguments, can have a lasting impact on the case. Contact our homicide defense lawyers now to secure legal representation.

Charged with Murder or Manslaughter in Queens? Talk to Us Now.

A homicide charge doesn’t wait, and neither should your defense. The earlier our team gets involved, the more options we have to challenge the charge, the evidence, or both. The Law Offices of Robert Tsigler, PLLC is available 24/7 to speak with you or your family and start building your defense right away.

Call 718-878-3781 now for a confidential consultation with a Queens homicide, murder, and manslaughter defense lawyer, or contact us online to get started.

We Set the Bar Others Strive to Reach

The Murder Defense Law firm of Robert Tsigler, PLLC is Ready to Fight for You!

Getting representation as soon as possible following any Murder Defense-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Queens Murder Defense lawyer can successfully defend your case.