{"id":375339,"date":"2016-03-31T21:36:07","date_gmt":"2016-04-01T02:36:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-voluntary-manslaughter-laws.html"},"modified":"2025-07-14T15:52:17","modified_gmt":"2025-07-14T20:52:17","slug":"new-york-voluntary-manslaughter-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-voluntary-manslaughter-laws.html","title":{"rendered":"New York Voluntary Manslaughter Laws"},"content":{"rendered":"\n
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New York Voluntary Manslaughter 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

Manslaughter is a form of homicide, which is the intentional killing causing the death of another person. Not all homicides are criminal. A person may kill someone who is attacking them, which can qualify as self-defense.<\/blockquote>\r\n

Manslaughter occurs when a defendant recklessly causes death or kills someone with the intent to cause serious physical injury. Someone who kills someone in a drunk driving accident may face involuntary manslaughter<\/a> charges.<\/p>\r\n

There are also manslaughter cases where the defendant didn\u2019t intend to kill someone, such as "heat of passion" crimes. In these situations, the state may charge the actor with voluntary manslaughter<\/a>.<\/p>\r\n

New York\u2019s criminal laws are unique in that they don\u2019t classify manslaughter as voluntary or involuntary. Instead, the New York Penal Code<\/a> categorizes these crimes as first-degree and second-degree manslaughter.<\/p>\r\n

This article examines New York\u2019s voluntary manslaughter laws, including the penalties for the crime. If you\u2019re facing criminal charges for any serious crime, it\u2019s a good idea to consult an experienced criminal defense attorney<\/a> after your arrest. We’ve also included links to helpful FindLaw articles at the bottom of this page.<\/p>\r\n

New York State Definition of Manslaughter<\/b><\/h2>\r\n

Every state has criminal statutes defining crimes against the person, such as murder<\/a> and manslaughter. New York is no different. Under New York law, there are two types of manslaughter: first-degree manslaughter and second-degree manslaughter.<\/p>\r\n

For the state to convict someone of first-degree manslaughter<\/a>, it must prove that the defendant intended to cause serious bodily injury and that their actions led to the death of another person. First-degree manslaughter also includes cases where the defendant acted under an extreme emotional disturbance caused by the victim\u2019s provocation.<\/p>\r\n

Under New York law, second-degree manslaughter involves a defendant whose recklessness causes the victim\u2019s death. The state can also convict a person of this crime if it can demonstrate that the defendant acted with depraved indifference<\/a> for human life, causing a substantial risk that their actions may cause someone\u2019s death.<\/p>\r\n

If a person is facing second-degree manslaughter charges, the state may reduce the charge to criminally negligent homicide. This can happen when the prosecutor can’t prove that more than the defendant\u2019s criminal negligence<\/a> led to the victim\u2019s death.<\/p>\r\n

\u201cSerious Physical Injury\u201d Under New York Law<\/b><\/h2>\r\n

The New York Penal Code defines a serious physical injury as one that causes:<\/p>\r\n