{"id":375267,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-first-degree-murder-laws.html"},"modified":"2025-07-12T08:17:22","modified_gmt":"2025-07-12T13:17:22","slug":"new-york-first-degree-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-first-degree-murder-laws.html","title":{"rendered":"New York First-Degree Murder Laws"},"content":{"rendered":"\n
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New York First Degree Murder Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In New York, murder in the first degree is just one form of homicide. The New York Penal Code also includes second-degree murder, manslaughter, criminally negligent homicide, and certain forms of abortion.<\/p>\r\n

First-degree murder is the most serious type of criminal homicide<\/a>. It involves killing somebody with premeditation, malice aforethought, and depraved indifference<\/a> to the value of human life. This crime is different from other forms of homicide in that the defendant intended to cause serious physical injury or death. They planned the act and had evil in mind when they carried it out.<\/p>\r\n

New York law goes a step further and requires that first-degree murder cases involve special circumstances, such as killing a police officer<\/a> or killing someone during the commission of a felony.<\/p>\r\n

This article discusses the first-degree murder laws in New York State, including the definition of this crime and its penalties<\/a>. If you\u2019re facing any type of murder charge, it’s in your best interests to speak with an experienced New York criminal defense attorney<\/a> after your arrest. We’ve also provided links to important FindLaw articles at the bottom of this page to help you understand what you’re facing.<\/p>\r\n

New York Penal Law Definition of First-Degree Murder<\/b><\/h2>\r\n

Not all homicides qualify as murder. New York\u2019s Penal Law <\/a>recognizes two types of first-degree murder. The first type involves the intentional killing of another human being under special circumstances. A person is also guilty of first-degree murder if they intended to cause the death of another person and either were successful or killed a different person instead.<\/p>\r\n

Several aggravating factors<\/a> can also elevate a killing to first-degree murder. Under New York Criminal Procedure Law, these aggravating factors include:<\/p>\r\n