Top Plainview, NY First Degree Murder Lawyers Near You
Representing Plaintiffs in Civil Rights and Serious Personal Injury Matters
123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the Plainview area handle cases involving First Degree Murder.
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188 East Post Road, White Plains, NY 10601-4911
Connect with a proven Plainview, New York law firm with experience helping clients with First Degree Murder issues.
16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your First Degree Murder issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in Plainview, New York help you today.
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521 Fifth Avenue, Suite 1729, New York, NY 10175
Contact The Law Office of Jeffrey Chabrowe in Plainview, New York for experienced legal assistance in First Degree Murder.
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104 S. Central Ave., Suite 14, Valley Stream, NY 11580
16 Court St, Suite 2000, Brooklyn, NY 11241
200 Garden City Plaza, Suite 520, Garden City, NY 11530
953 Franklin Avenue, Suite 100, Garden City, NY 11530
1251 Avenue of Americas, New York, NY 10020
950 Third Ave, Suite 2400, New York, NY 10022
45 Rockefeller Plaza, New York, NY 10111-0100
68 South Service Rd, Suite 100, Melville, NY 11747
108-15 Crossbay Blvd, Queens, NY 11417
332 Willis Ave, Mineola, NY 11501
527 Old Country Road, Plainview, NY 11803
260 Madison Ave., 22nd Floor, New York, NY 10016
888 Grand Concourse, #1-O, Bronx, NY 10451
250 Fulton Ave, Suite 340, Hempstead, NY 11550
356 Meadow Ave, Newburgh, NY 12550-3038
75 S Broadway, Suite 403, White Plains, NY 10601
75 S Broadway, Fl 4, White Plains, NY 10601
600 Third Avenue, 25th Floor, New York, NY 10016
411 Theodore Fremd Ave, Ste 206, Rye, NY 10580
1441 Broadway, 3rd FL, New York, NY 10018
1345 Ave of the Americas, 22nd Floor, New York, NY 10105
Plainview First Degree Murder Information
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What Is First Degree Murder?
First-degree murder, ranked among the most serious criminal offenses, is a crime where the perpetrator kills a victim, having planned the act out in advance. There are several enhancements that can be brought against such an offender, such as if the killing is considered to be the result of a hate crime (biases against the victim’s race, sex, sexuality, etc.) or if the victim is a law enforcement officer or public servant.
Elements of First Degree Murder
First-degree murder is the most serious charge you can get for killing another person. While the specific definition will differ by state, it typically requires premeditation and planning. Often first-degree murder charges occur when the killer was lying in wait or was committing a felony, such as rape or burglary.
What Is the Difference Between First, Second, and Third Degree Murder?
From a federal perspective, murder charges only apply in the first and second degree, with what many state courts refer to as third-degree murder being replaced with the charge of manslaughter.
First-degree murder, federally, refers to premeditated murder with “malice aforethought.” The statute includes poisoning and laying in wait, and also makes it clear that a killing that takes place during the commission of another felony offense such as sexual assault, arson, espionage or kidnapping also constitutes first-degree murder. All other murders are classified as second-degree murders.
Federal statutes also detail that manslaughter (both voluntary and involuntary) are the result of a killing without malice aforethought, lining up — in general — with state-level considerations of both manslaughter and third degree murder.
Second-degree murder at the state level typically refers to an unplanned killing that could be the result of extremely reckless behavior without concern for human life (firing a gun into a crowd on impulse), or a “depraved heart” murder. In some states, you can be charged with second degree murder if you acted in the role of an accomplice or accessory to a murder.
Third-degree murder, or manslaughter, is frequently charged as a killing set off by a quarrel or a fit of passion (for example, an enraged spouse attacking another individual while discovering an adulterous affair, killing them in a rage), in this case, an example of voluntary manslaughter. The crime can also cover involuntary killings made with a reckless mind or intent.
What Is Capital Murder vs. First Degree Murder?
Capital murder differs from first degree murder in that it involves aggravating circumstances that elevate the crime as well as the sentencing resulting from a conviction. The most common reasons capital murder may be charged include: the killing of a police officer or first responder, the killing took place during the commission of another felony act, the victim is tortured or raped prior to the murder, the murder is the result of hate, the murder was conducted in exchange for money or the murder was an act of terrorism.
Capital murder is a term only used in eight states (Alabama, Arkansas, California, Kansas, Mississippi, New Hampshire, Texas and Virginia) while other states prefer “aggravated murder” or “malice murder.” However, the end result is the same — capital murder can result in the death penalty in jurisdictions that allow for it, and prison sentences ranging from 25 years to life in states which do not.
Can You Get the Death Penalty for First Degree Murder in New York?
In states that allow for the death penalty, first degree murder charges — or capital murder charges, more particularly — could result in the death penalty for those convicted of the most serious offenses. Both the United States government as well as the United States military currently allow for the death penalty to be handed down.
How Long Is a First Degree Murder Sentence?
A first degree murder conviction could lead to a life sentence or even the death penalty. In broad terms, a conviction of first degree murder charges could lead to a first-time offender serving between 15 years to life, with a chance of parole (and subsequent probation) for eligible offenders.
Are You Facing First Degree Murder Charges?
Have you been charged with first degree murder? First degree murder is a felony-level homicide, and if convicted, you could be imprisoned for years, life or face the death penalty. Contact an attorney skilled in defending first degree murder cases to protect your legal rights.