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NYC Murder/ Homicide Charges Defense Lawyers

By Spodek Law Group | November 2, 2021
(Last Updated On: March 13, 2023)

Last Updated on: 13th March 2023, 03:23 pm

Defending Against Homicide Charges: What You Need to Know

If you or a loved one is facing a homicide charge, it’s important to understand the severity of the situation. Homicide charges are some of the most serious criminal charges a person can face, and they can lead to a tense trial and possible jail time. However, with the right representation, there are ways to defend against these charges.

Understanding Murder and Homicide Charges

Homicide charges refer to any situation where one person’s actions cause the death of another. This is a very broad category, and it can lead to a range of charges. A murder occurs when a person intentionally and with malice aforethought causes a person to die. If you acted recklessly and did something that could easily cause another to die, you might face a lesser homicide charge like manslaughter.

Exploring the Different Types of Homicide Charges

There are several different types of homicide charges, each with its own unique characteristics. Understanding these categories can be important in building a defense strategy.

Federal vs. State Murder Charges

In most cases, murder is prosecuted by your state’s legal system. However, if the murder occurred on federal lands or if the person murdered was a federal employee, it might be a federal crime. Some murders are also federal crimes if they were committed while robbing a bank, raping someone, or committing another federal crime. In general, federal charges are more serious, and the criminal penalties tend to be harsher.


Degrees of Murder Cases

The degree of a crime refers to its severity. Murder is usually a first-degree or second-degree charge. First-degree charges are the most severe, but second-degree charges are still quite serious. Murder is more likely to be a first-degree charge if it was premeditated and done in cold blood. Though rare, some murders or types of voluntary manslaughter may be classified as third-degree crimes.

Aggravated or Capital Murder

If the murder was a federal murder or occurred in a state with the death penalty, there is a chance that the murder might be a capital case. Also called “aggravated murder,” this is a type of murder where capital punishment or life imprisonment is allowed. This is the most serious type of murder charge. It only occurs when aggravating circumstances, such as spree murders, cause the murder to be upgraded to a capital charge.

Potential Penalties for Homicide Charges

Almost all homicide convictions lead to some jail time. However, the severity of the sentence will depend on the specific circumstances of the case. In cases of negligent manslaughter, the prison sentence might be around one to five years. Second-degree murder usually results in imprisonment of at least five to ten years. Meanwhile, first-degree murder often has a sentence of 15 to 40 years. In many states, there is no maximum penalty for murder. Depending on the circumstances, life imprisonment is a real possibility.

Other Potential Penalties

In addition to jail time, people convicted of murder may be ordered to pay financial restitution to the victim’s family. This can result in millions of dollars worth of fines. The other potential penalty to be aware of is execution. Though execution is only legal in a few areas and during a few specific situations, it is a possibility.

Possible Ways to Defend Against Homicide Charges

No matter how much evidence there is against you, you still have options. Defenses typically focus on showing that what you did does not fully meet the legal definition of a murder or homicide. Here are some common ways that a skilled attorney, such as Attorney Todd Spodek from Spodek Law Group, can help you defend against homicide charges:


Someone Else Committed the Crime

If there is evidence that shows you were in another place at the time or were otherwise incapable of committing the murder, this can be a viable defense. However, the prosecution has the burden of proof to show that you are guilty beyond a reasonable doubt. If there is not much evidence tying you to the case, the prosecution might not be able to prove that you did it.

You Didn’t Intend to Kill the Person

You can only be convicted of murder when you specifically tried to kill a person. If the death was a result of an accident or happened without premeditation, then you might be found not guilty. Depending on the circumstances, the more appropriate charge might be manslaughter, or you might be innocent of any crime.

You Acted in Self Defense

Murder is legally permissible in cases of self-defense. If you can show that you had a reasonable fear for your life, then the murder might be justified. You may also be able to use defending others as a defense against the charges.

The Police Mishandled Your Case

Law enforcement officers have a duty to investigate crimes in a fair and unbiased fashion. If they obtain evidence through unlawful search and seizure, it cannot be heard in court. Furthermore, if they failed to inform you of your rights during your arrest, any confession you make might not be valid. A lawyer who is familiar with how the legal system is supposed to work may be able to get your case thrown out of court.

Why Choose Spodek Law Group for Homicide Defense?

At Spodek Law Group, our team of experienced attorneys, including Attorney Todd Spodek, understands the severity of homicide charges and will fight to protect your rights. We have a deep understanding of the law and a wealth of experience in homicide defense cases. Our team will work tirelessly to gather evidence, build a strong defense, and ensure that your rights are protected throughout the legal process.

See also  How to Choose a Good Defense Attorney

Our Services

Our services include:

Providing an aggressive defense against homicide charges
Thoroughly investigating the circumstances of the case
Gathering evidence to build a strong defense
Developing a strategy to protect your rights and minimize potential penalties
Providing guidance and support throughout the legal process

Contact Us Today

If you or a loved one is facing homicide charges, do not hesitate to contact Spodek Law Group. Our team is here to help you navigate the legal system and defend your rights. Contact us today to schedule a consultation with Attorney Todd Spodek and learn more about how we can help you.


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Examples of Potential Homicide Charges and Penalties

Type of Homicide Charge Possible Penalties
First-Degree Murder 15 to 40 years in prison or life imprisonment, depending on the state
Second-Degree Murder At least 5 to 10 years in prison
Voluntary Manslaughter Up to 15 years in prison
Involuntary Manslaughter Up to 5 years in prison

As you can see, the consequences of a homicide conviction can be severe, but the right legal representation can make all the difference. Contact Spodek Law Group today to learn more about our services and how we can help you defend against homicide charges.

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