The charge for manslaughter is generally less serious than murder. Manslaughter is killing someone without malice or premeditation.

There are two main variations of manslaughter: voluntary and involuntary. The New York Penal Code refers to these as first-degree and second-degree manslaughter, respectively.

Voluntary Manslaughter

A “murder in the heat of passion” falls under voluntary manslaughter. A classic example is a man catching his wife committing adultery, which provokes him to act out, killing someone in the process.

“Heat of passion” requires an element of anger, rage, or other intense emotion provoking an individual to act without deliberation and thought.

For first-degree manslaughter, the prosecution must prove the following:

  • If you had the intention of inflicting injury to another person, causing their death or of a third person’s.
  • If you had the intention of killing someone, causing their death or of a third person’s.
  • If you committed an unjustified abortional act upon a female who is over 24 weeks pregnant, causing her death.
  • If you intended to inflict injury on someone who is 11 years old and below.

The charge becomes aggravated first-degree manslaughter if:

  • You intended to cause physical harm to a police or peace officer engaged in his or her official duties, leading to the officer’s death.
  • You intended to inflict injury to a police or peace officer, leading to his or her death, while “under the influence of extreme emotional disturbance.”

Both of these charges are Class B felonies.

The sentence for first-degree manslaughter is five to 25 years in prison and a fine of up to $5,000. For an aggravated offense, jail time can be as long as 30 years.

Involuntary Manslaughter

A Class C felony, second-degree manslaughter refers to unintentional homicide caused by recklessness.

The following actions constitute second-degree manslaughter:

  • If you recklessly cause another person’s death
  • If you commit an unjustifiable abortional act upon a woman that leads to her death
  • If you commit assisted suicide

The sentence for second-degree manslaughter is three to 15 years jail time with a fine of up to $5,000. For aggravated second-degree charges, jail time may be as long as 20 years.

Section 15.05 of the New York Penal Code states that a person acts “recklessly” when he or she is aware and conscious of the unjustifiable risks of their actions or that such circumstance exists.

Olivier E. Roche, Esq. for Manslaughter Defense

A mistake in the heat of the moment could jeopardize your future, and you end up facing a manslaughter charge.

As a former prosecutor and now defense attorney, I know the justice system from both sides of the fence. I can predict the actions of the opposing side and use it to build a strong, personally tailored defense for you.

Don’t hesitate to pick up the phone and call Olivier E. Roche, Esq. today.

I offer a free 15-minute consultation.