New York Involuntary Manslaughter Laws

New York law recognizes several types of homicide. Generally, they include murder, manslaughter, and vehicular homicide. All of these crimes involve taking a human life. However, these offenses vary in severity and the degree of penalties.

One common type of homicide in New York is involuntary manslaughter. Technically, New York law doesn’t refer to this crime that way. The New York Penal Code does not criminalize voluntary and involuntary manslaughter. New York does not recognize voluntary manslaughter at all, and the criminal code refers to involuntary manslaughter as manslaughter in the second degree.

This article discusses how New York treats the crime of involuntary manslaughter (second-degree manslaughter), including the possible penalties and potential defenses to this crime. It also explains how manslaughter is different from murder in New York.

If you’re facing manslaughter charges, consult an experienced New York criminal defense attorney as soon as possible after your arrest. We’ve also included links to relevant FindLaw articles on similar subjects at the bottom of the page.

New York Homicide Law

New York Penal Law defines the crime of homicide as engaging in conduct that causes the death of another person. The killing can be intentional or unintentional. Homicide charges can be for murder, manslaughter, and vehicular homicide.

To qualify as murder, the defendant must act with premeditation, deliberation, and willfulness.

New York law recognizes three types of murder: first-degree murder, second-degree murder, and aggravated murder. New York also follows the felony-murder rule. This rule states that a defendant can be guilty of murder if, during the commission of a violent felony, a third person dies. The victim can be someone completely unrelated to the crime, a co-conspirator, or a member of law enforcement.

In addition to the crime of murder, the New York Penal Code recognizes several types of related offenses, including:

• First-degree manslaughter
• Aggravated manslaughter
• Second-degree manslaughter
• Aggravated second-degree manslaughter
• Vehicular homicide
• Vehicular manslaughter in the second degree
• Aggravated vehicular manslaughter
• Criminally negligent homicide

Differences Between Murder and Manslaughter

New York law distinguishes between murder and manslaughter. With murder, the defendant intends to cause death or serious physical injury. For the state to convict a person of first-degree murder, it must also prove that the defendant planned the crime and willingly engaged in the conduct causing the other person’s death.

When it comes to second-degree murder, all the state must prove is that the defendant intended to cause death or serious bodily harm or that they acted with a depraved indifference toward the value of human life.

With manslaughter, the state doesn’t have to prove the defendant intended to kill or even harm the victim. All the state must demonstrate is that the defendant killed someone through criminal negligence or recklessness.

Under first-degree manslaughter, the defendant did not intend to kill the victim. Instead, they acted under the heat of passion, were under the influence of extreme emotional disturbance, or acted in response to adequate provocation. Second-degree manslaughter only requires that the actor’s negligence or recklessness caused a person’s death.

New York law also recognizes something called aggravated manslaughter. These cases involve special circumstances, such as when the defendant kills a police officer or judge.

New York Involuntary Manslaughter Laws: Overview

The following table provides additional details about New York’s second-degree manslaughter laws, which other states call involuntary manslaughter.

Disclaimer: State laws change constantly. Speak with a New York criminal defense attorney or conduct additional research to verify your state laws.

Get Legal Help With Your Involuntary Manslaughter Case in New York

If you’re facing second-degree manslaughter charges in New York, there’s a real possibility that you’ll go to prison. However, you have the right to legal counsel and should take advantage of that right as soon as you can.

Consulting a local criminal defense attorney will increase your chances of an acquittal or favorable plea bargain. Call to schedule your initial consultation immediately after your arrest.

New York Involuntary Manslaughter Laws: Related FindLaw Resources

• New York Criminal Statute of Limitations
• New York Voluntary Manslaughter Laws
• Involuntary Manslaughter
• Involuntary Manslaughter Defenses
• Involuntary Manslaughter Penalties and Sentencing