If you're reading this article, you've probably asked yourself, “Is there a major difference between murder and manslaughter?”. The answer is yes, and it's a BIG yes! Murder and manslaughter are two crimes that can be misrepresented in how they are defined, the penalties they carry, and how we as defense attorneys can defend you against them. That's what we want to do for you today with an analysis of both crimes. In this blog, we will break down the key legal differences between murder and manslaughter and the penalties they carry in New York State.

The Definition and Differences of Murder vs Manslaughter

The first and most important aspect of the difference and definition of both these crimes comes from the intent of the person who committed them. We make a note of it on our website in the Murder/Manslaughter Defense page about how murder is defined: 

“Technically speaking, a homicide is any unlawful death caused by a defendant. While all murders are considered homicides, not all homicides are considered murder. Murder requires a legal concept known as mens rea, or “guilty mind.” The individual charged with murder must be shown to have intended to cause death or severe injury. You cannot “accidentally” murder someone. You can, however, accidentally commit a homicide. This is generally referred to as manslaughter or criminally negligent homicide.”

Again, manslaughter is only when it's unintentional, not meant to inflict serious harm, or to kill another person recklessly. The other aspect of intent is whether it was voluntary or involuntary (done because of your free will). A voluntary example could be something like a heated argument, whereas an example of involuntary is killing someone through drunk driving. These details are essential, and more than anything else, we want to make sure you know the differences.

The Penalties Both Crimes Carry in New York State

The classification of each different penalty between these crimes is especially important, and we want to list them here as we describe them on our main Murder/Manslaughter Defense page:

Murder in the first degree: In New York, this is a Class A-I felony, punishable by 20 years to life in prison, or life without parole.

Manslaughter in the first degree: A Class B violent felony, potentially punishable by a determinate sentence of 5 to 25 years.

The second-degree penalties for murder are 15 years to life in prison, and for manslaughter, it is a Class C violent felony, meaning that it ranges from 3.5 to 15 years in prison.

With regards to these penalties, some scenarios could play out that the general person may not know about from NYS law. Parole boards in New York often deny release multiple times, so the idea of being out in 15 years is not as concrete as people think it is. In some cases, the best result possible is the only answer. In some scenarios, evidence may be clear enough to convict, but finding a deal could be the best bet. 

Finally, one big detail to remember is that if someone is charged with felony murder, you could be convicted even without having the intention to kill. This comes from a second-degree murder charge. You might not have killed or harmed anyone, but as long as they know that you wanted to, that's enough for them to charge you. That's the best way we can help with your defense: always show whether there was intent or not.

How DuBois Law Can Defend You From Both

Speaking of intent, it plays a major role in helping to potentially reduce sentences, and that's how we want to start this last, very important section of the blog, where we explain how DuBois can defend you.

If there's doubt about intent, but clear proof of a death, the jury might only convict on manslaughter, which could cut the sentence by more than half.

One potential defense is called the Extreme Emotional Disturbance defense. It's a legal strategy that defense attorneys use to help reduce a Murder 2 charge to Manslaughter 1. It's an example that will come with heavy review from a jury when they look at the evidence. 

That's the other aspect of these crimes that is fundamental as a defense, convincing the jury to be on your side. This is where having a quality experienced defense attorney makes a big difference. When it comes to murder and manslaughter, it's a massive gray area for jurors to navigate. 

If you or someone you know is facing serious charges or even just has general questions, rest assured, we can answer anything! We know how stressful these types of situations can be for anyone, and that's why we work in defense, because we know that you need that help and will proudly defend your ability to receive fair treatment in the eyes of the law. Reach out today! We look forward to speaking with you.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.