New York First Degree Murder Laws

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.

First-degree murder is the most serious type of criminal homicide. It involves killing somebody with premeditation, malice aforethought, and depraved indifference 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.

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

This article discusses the first-degree murder laws in New York State, including the definition of this crime and its penalties. If you’re facing any type of murder charge, it’s in your best interests to speak with an experienced New York criminal defense attorney 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.

New York Penal Law Definition of First-Degree Murder

Not all homicides qualify as murder. New York’s Penal Law 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.

Several aggravating factors can also elevate a killing to first-degree murder. Under New York Criminal Procedure Law, these aggravating factors include:

• The intended victim is a police officer, peace officer, firefighter, correction law employee, judge, witness, etc.
• The killing occurred during the commission of a specific felony for hire, was accompanied by torture, or happened in furtherance of a terrorist act
• The nature of the killing shows a depraved indifference to the value of human life

New York first-degree murder laws also include first-degree felony murder, which applies in cases where the victim dies during the commission of the crime, in furtherance of the crime, or in immediate flight from certain specific crimes which include:

• Robbery
• Burglary
• Kidnapping
• Arson
• Rape
• Sexual abuse

First-degree felony murder is distinguishable from second-degree felony murder because it requires intent to kill the victim or another non-participant in the crime. The intent to commit the underlying felony is not enough for first-degree murder in most instances.

The defendant must have personally caused the victim’s death or commanded another to do so. This is different from second-degree felony murder, which only requires that a defendant be an accomplice of the actual killer.

New York First-Degree Murder Laws: Summary

The language of New York’s criminal statutes is sometimes difficult to understand. We’ve broken it down to help. The chart below contains valuable information on New York’s First-Degree Murder Laws.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct additional research to verify your state laws.

Facing First-Degree Murder Charges in New York? Get Legal Help From a Lawyer

If you’re facing first-degree murder charges in New York, taking chances with your legal representation isn’t a great idea. With so much at stake, consider speaking with criminal defense attorney to start preparing your defense. An experienced New York criminal defense lawyer will ensure the state respects your rights and work to achieve an acquittal.

New York First Degree Murder Laws: Additional Resources

You can find additional resources related to New York first-degree murder laws by clicking on the links below:

• New York Second-Degree Murder Laws
• New York Voluntary Manslaughter Laws
• New York Involuntary Manslaughter Laws
• New York Capital Punishment Laws
• New York Criminal Statute of Limitations Laws