Created by FindLaw's team of legal writers and editors | Last reviewed February 27, 2018
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In New York, murder in the first degree is one form of homicide among others which include second-degree murder, manslaughter, criminally negligent homicide, and certain forms of abortion. Intentional murder is elevated to first-degree murder when someone 18 or older, intending to cause the death of another person, actually causes the death of that person or a third person and any one of several aggravating factors is present. Those factors address:
New York First Degree Murder laws also include first degree "felony murder" which applies in cases where the victim is killed in the course and in furtherance of, or immediate flight from, certain specific crimes which include:
It's distinguishable from second-degree felony murder because it requires the defendant's intent to kill the victim or another non-participant in the crime, instead of just the intent to commit the underlying felony. Also, a person charged with first-degree felony murder must have personally caused the victim's death or commanded another to do so unlike second-degree felony murder which requires only that a defendant be an accomplice of the actual killer.
The chart below contains some additional information on New York First Degree Murder Laws.
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| Penalties and Sentences | First degree murder is a class A-I felony and is subject to one of the following sentences:
Although the statute lists the death penalty as a possible sentence, its use has been in question after certain appeals court cases, making the alternative sentences more likely outcomes. |
| Defenses | The following are defenses to first degree murder:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
You can find additional resources related to New York first degree murder laws by clicking on the links below:
If you're facing criminal charges in New York, especially charges related to a homicide, you shouldn't take any chances with your defense because there's too much on the line. If you've been charged with first degree murder, or any other type of homicide, it's best to reach out to a local criminal defense attorney early on so he or she can start challenging the government's evidence and its case against you.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many New York attorneys offer free consultations.