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Manslaughter Criminal Defense Lawyers
If you’re on our website, it’s because you or someone you care about is facing an extremely serious accusation—manslaughter—and you need an experienced legal team that knows how to handle complex situations. At Spodek Law Group, we understand exactly how overwhelming this is, and we don’t take your trust lightly. Our goal is straightforward: to give you the best possible legal representation, and a powerful defense that helps you move forward in life. We are Spodek Law Group. If you’re accused of manslaughter, and need the best possible criminal attorney – speak to Spodek Law Group.
Manslaughter vs. Murder
Manslaughter, as outlined under N.Y. Penal Law §§ 125.15–125.20, generally means causing someone’s death without having a specific intent to kill. That’s what makes it different from murder, which usually involves an intent to cause death. In other words, if the state believes your actions led to a fatality due to recklessness or extreme emotional disturbance, they might charge you with manslaughter rather than murder.
- Manslaughter in the First Degree (N.Y. Penal Law § 125.20): Typically involves an intent to cause serious physical harm, but not a clear-cut intent to kill.
- Manslaughter in the Second Degree (N.Y. Penal Law § 125.15): Usually happens when someone acts recklessly—without the foresight or plan to kill—but ends up causing a fatality.
Regardless of whether it’s first-degree or second-degree manslaughter, these charges carry significant prison time, steep fines, and life-changing consequences. If you’re reading this, it’s likely you’re dealing with that reality right now—and we want you to know you’re not alone.
Potential Federal Implications
Most manslaughter cases remain in state court, but there are times when the Department of Justice steps in—such as when the alleged offense happened on federal property, involved certain federal statutes, or occurred on a military base. In those situations, you could face federal charges, and if that happens, there are additional hurdles:
- Federal Sentencing Guidelines (18 U.S.C. § 3553): Federal judges typically rely on these guidelines to determine your sentence.
- Limited Judicial Discretion: Certain federal charges and enhancements come with mandatory minimums.
- Coordination Between Agencies: Sometimes state and federal authorities coordinate. This raises concerns about double jeopardy, but under the Fifth Amendment, double jeopardy generally applies to being tried twice by the same sovereign. Since state and federal governments are considered separate sovereigns, there can be a potential—though uncommon—scenario where both pursue charges.
Because federal charges can be more complicated, it’s important to have a criminal attorney who knows how to fight in both state and federal courts. Our attorneys have that experience and know how to win.
Roleplaying Possible Defense Scenarios
We handle each manslaughter case by focusing on the unique facts, building a strong strategy, and looking for every possible path to a successful outcome for you and your family. Below are some scenarios that illustrate how we approach these charges.
Scenario 1: Self-Defense That Led to a Fatality
You believed someone was about to seriously harm you or a loved one, and you acted. In the chaos, the other person died. The prosecution might charge you with manslaughter if they think you used more force than necessary. Here, our approach focuses on:
- Showing you had a genuine fear of imminent harm.
- Collecting evidence such as eyewitness statements, footage, or forensic evidence.
- Demonstrating that your actions, while tragic, were taken in self-defense.
If the prosecution doesn’t acknowledge the self-defense angle, we aim to file motions and present evidence that shows you did what you felt you had to do in that moment.
Scenario 2: “Heat of Passion” Manslaughter
In some situations, an extreme emotional disturbance might push a person over the edge, such as catching a spouse in an act of infidelity. If you acted in the “heat of passion,” the prosecution may try to charge you with manslaughter instead of murder. Our strategy would involve showing that your emotional state was so inflamed—due to provocation—that there was no deliberate intent to kill just wasn’t there. We can bring in psychological experts to testify about your mindset, and we examine any evidence that provides context for why your actions happened.
Scenario 3: Recklessness or Negligence
Let’s say the allegation is that your reckless behavior—like driving at a high speed or handling a firearm carelessly—caused someone’s death. In that scenario, we look at:
- Accident reports and possible mechanical failures.
- Eyewitness testimony pointing to environmental or contributing factors (bad road conditions, inadequate signage, etc.).
- Expert witnesses (e.g., accident reconstruction specialists) to challenge the state’s claim that you acted with the level of recklessness required for a manslaughter conviction.
If we can show that your actions didn’t cross the threshold of criminal recklessness, that can be a key factor in either getting the charges dismissed or reduced.
Scenario 4: Unlawful Searches, Seizures, or Confessions
Even in manslaughter cases, the police might cross the line during investigations. If law enforcement violated your constitutional rights—such as conducting a search without a valid warrant or failing to Mirandize you—our team will move to suppress that evidence. If that evidence is key to the prosecution’s case, it can unravel their entire theory of guilt.
Sentencing Factors and Possibilities
In New York, sentencing for manslaughter depends on various factors, like whether you have prior convictions, how severe the harm was, and if there were any aggravating or mitigating circumstances. If this is a federal case, the judge follows federal guidelines under 18 U.S.C. § 3553, where certain enhancements or mandatory minimums might apply. Our job is to highlight factors that help mitigate your sentence—like showing genuine remorse or a clean criminal record. We’ll create a thorough presentation of who you are, rather than let the prosecution paint a one-sided picture.
Why Spodek Law Group?
We know manslaughter charges are life-changing, which is why we bring unparalleled dedication to every case we take on. Spodek Law Group is recognized for:
- Over 50 Years of Combined Experience: We’ve worked on countless state and federal cases, including those others said were unwinnable.
- Nationwide Representation: We have offices throughout Long Island and NYC, and thanks to our fully online digital portal, we handle cases nationwide.
- Media Recognition: Major news outlets—like NY Post, Fox 5, and Insider—regularly feature our insights on significant criminal cases.
- Client-Centric Approach: We’re extremely selective about who we work with, because we want to make a positive impact. Reputation matters to us, and that means making sure as many clients as possible get the best possible result. If we decide to take on your case, it’s because we believe we can help you get a favorable outcome.
24/7 Support and a Risk-Free Consultation
If you’re reading this, you know you need help. When you call us, we’ll schedule a risk-free consultation to review your case. Bring any documents, evidence, or notices you received—anything that helps us understand your legal situation better. We don’t just talk the talk; we’re here 24/7, ready to pick up the phone, respond to your messages, and walk you through what comes next. Whether your case is in the earliest stage or you’re facing trial tomorrow, we want to be your advocate.