New York Voluntary Manslaughter Laws

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.

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 charges.

There are also manslaughter cases where the defendant didn’t intend to kill someone, such as "heat of passion" crimes. In these situations, the state may charge the actor with voluntary manslaughter.

New York’s criminal laws are unique in that they don’t classify manslaughter as voluntary or involuntary. Instead, the New York Penal Code categorizes these crimes as first-degree and second-degree manslaughter.

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

New York State Definition of Manslaughter

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

For the state to convict someone of first-degree manslaughter, 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’s provocation.

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

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’s criminal negligence led to the victim’s death.

“Serious Physical Injury” Under New York Law

The New York Penal Code defines a serious physical injury as one that causes:

• A substantial risk of death
• Death
• Serious and protracted disfigurement,
• Protracted impairment of health
• Protracted loss or impairment of the function of any bodily organ

The prosecution may establish intent to cause serious physical injury through the following evidence:

• Threats to injure the victim
• The number and location of blows, gunshots, or stab wounds
• The defendant continued to attack after incapacitating the victim

Because a defendant’s subjective intent is often difficult to establish, a prosecutor may submit first-degree manslaughter as a lesser-included offense of intentional murder.

New York Voluntary Manslaughter Laws: The Basics

New York’s manslaughter laws are different than those from other jurisdictions. The following table summarizes New York’s first-degree voluntary manslaughter 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 local criminal defense attorney or conduct further research to verify your state laws.

Defend Your Rights: Contact a New York Criminal Defense Attorney Today

If you’re dealing with criminal charges for homicide or manslaughter, you face some very serious consequences, including prison time. A skilled New York defense attorney can help provide best chance of achieving an acquittal or favorable plea bargain. 

New York Voluntary Manslaughter Laws: Related Resources

• Voluntary Manslaughter
• Voluntary Manslaughter Defenses
• Voluntary Manslaughter Penalties and Sentencing