Legal Representation for Individuals Accused of Murder

If You Are Charged With Murder, What Are Your Rights?

What constitutes murder in the State of New York? If you are charged with murder, what are your rights? What measures can you take to contest a murder charge? And when should you reach out to a Syracuse homicide attorney for the defense representation you’ll need?

Murder is generally defined as killing someone intentionally, unjustifiably, unlawfully, and with “malice aforethought.” In 2022, 433 murders took place in New York City. In that same year, 76 murders took place in Rochester, 18 in Syracuse, and three murders were reported in Utica.

Defendants who are convicted of a murder charge in New York face a possible life sentence. If you are charged with murder in or near the Syracuse or Utica area, you must be defended by a Syracuse homicide lawyer, and you must contact that lawyer as quickly as possible.

How is Murder Defined in This State?

New York recognizes two degrees of murder: first- and second-degree murder. A premeditated killing is charged as first-degree murder. If there’s no evidence that the killing was premeditated, the charge is second-degree murder. Aggravated murder is the charge when someone:

1. intentionally causes the death of a law enforcement officer who was performing official duties
2. intentionally causes the death of an emergency medical technician, ambulance driver, firefighter, physician, paramedic, or registered nurse who was responding to an emergency
3. intentionally causes the death of a state correctional facility employee who was performing official duties
4. causes the death of a child under the age of 14 in a particularly cruel manner, such as torture

What is “Felony” Murder in New York State?

Murder charges in New York include what the law calls “felony” murder. Felony murder refers to a murder committed while an assailant is committing or attempting to commit another felony or is in immediate flight from committing or attempting to commit another felony.

Let’s say you rob a convenience store with an accomplice, and during that robbery, your accomplice shoots a gun in the air to frighten the cashier. The bullet ricochets and kills a bystander. You could be charged in this state with felony murder in the second degree.

However, if someone is intentionally killed during the commission of a felony – if your accomplice in the convenience store robbery killed the cashier, for example, for moving too slowly – you could conceivably be charged with first-degree felony murder.

What Defenses Can Be Offered Against Murder Charges?

If you are charged with murder, a Syracuse homicide attorney will defend you by investigating the details of the charge, finding flaws or weaknesses in the prosecution’s case, and preparing an aggressive, effective defense.

Your Syracuse homicide lawyer may also consult with forensic experts, psychologists, private investigators, and other professionals and experts. Depending on the details of the case, your lawyer may offer one of these defenses to a murder charge:

1. The death was accidental and caused by circumstances that do not constitute murder.
2. The death was a justifiable homicide. You were protecting yourself or someone else.
3. You lacked any intent to cause the death of the victim.
4. A mental defect or disease or an extreme emotional disturbance caused your action.
5. You’ve been misidentified, another person committed the crime, and you are innocent.

How Will Your Homicide Attorney Handle Your Defense?

If a New York prosecutor’s murder case against you is convincing and your conviction is a foregone conclusion, your defense lawyer may negotiate a plea deal. In most plea bargains, a defendant enters a guilty plea to a lesser charge and receives a reduced or alternative sentence.

Consider any plea bargain offer carefully and discuss it with your attorney. However, if you are not guilty of murder, you have the right to a trial by jury. If you are the defendant in a murder trial, your future will literally be at stake. You must be represented by an attorney you trust.

At a murder trial, your defense attorney may call on expert witnesses to provide testimony that strengthens your defense. Your attorney will cast doubt on the state’s witnesses and evidence, offer the court an aggressive defense on your behalf, and ask the jurors to return an acquittal.

What Else Should You Know About Murder Charges in New York?

If you become the target of a murder investigation, or if you are placed under arrest for murder, exercise your right to remain silent, and do not answer any questions asked by prosecutors or police officers before you consult your attorney. Don’t try to act as your own attorney, either. Nothing in the criminal justice system is more serious than a murder charge.

There is no longer a death penalty in the State of New York, but any murder defendant may be penalized upon conviction with life in prison. Under state law, the lightest sentence for a second-degree murder conviction in New York is fifteen to twenty-five years.

If you’re charged with murder in the Syracuse or Utica area, don’t trust your fate to an untested or inexperienced attorney. You must be represented by a Syracuse criminal defense lawyer who has substantial experience representing murder defendants and handling murder trials.

If the Charge is Murder, Who Should Defend You?

If you are facing a murder charge in the Utica or Syracuse area or anywhere else in New York State, you should be represented and advised by professionals who have established a reputation for legal excellence – the Syracuse criminal defense team at Passalacqua & Associates.

We are award-winning criminal defense attorneys with more than thirty years of experience fighting for defendants who have been accused of the most heinous criminal offenses. We bring that experience and a proven record of success to every case and every client.

If you’re charged with murder or with any other violent crime in the State of New York, now or in the future, contact the legal team at Passalacqua & Associates immediately by calling 315-277-3548 to schedule an in-depth evaluation of your case without cost or obligation.