New York Penal Law

New York Penal Law 125.26: Aggravated murder

Todd Spodek, Managing Partner

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Purposely causing the death of somebody means you may have a homicide charge. New York criminal code has a variety of offenses in terms of causing the death of somebody else, including not just homicide but also manslaughter and murder. Murder in the first degree and second degree, as well as aggravated murder, are the most serious homicide offenses. Each of these offenses is considered a class A-I felony, which can lead to a sentence of life in prison.

Aggravated Murder: Definition and Circumstances

You may be convicted of aggravated murder if you did any of the following:

  • Purposely caused the death of a police or peace officer while they were performing their duties. The defendant would also need to know that the person was a police officer or peace officer. A peace officer includes court officers, parole officers, probation officers, and youth division employees. If the police or peace officer was wearing a uniform, the defendant should reasonably know their role.
  • Purposely caused the death of a person who was performing their duties as an employee of a state correctional facility.
  • Purposely caused the death of somebody who was an ambulance driver, emergency medical technician, firefighter, paramedic, physician, or RN while they were performing duties in an emergency. The defendant would have to reasonably recognize the victim’s role. For example, a firefighter would be wearing a uniform.
  • Caused the death of a person who was under the age of 14 by acting in a cruel way (torture, for example). The manner in which the defendant acted would have to have been intentional in order to cause harm. Torture refers to causing physical pain that is separate from the pain caused by the death itself.
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Todd Spodek
ABOUT THE AUTHOR

Todd Spodek

Managing Partner

With decades of experience in high-stakes federal criminal defense, Todd Spodek has built a reputation for aggressive, strategic representation. Featured on Netflix's "Inventing Anna," he has successfully defended clients facing federal charges, white-collar allegations, and complex criminal cases in federal courts nationwide.

Bar Admissions: New York State Bar New Jersey State Bar U.S. District Court, SDNY U.S. District Court, EDNY
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