Second-Degree murder is a Class A-1 Felony. If convicted in New York, you can face up to 25 years to life in State Prison. With the help of a good criminal defense lawyer however, you may be able to avoid this most severe of consequences. Here, Thomas A. Corletta, Attorney at Law of Rochester, NY, explains some of the arguments that can be used to achieve an acquittal, or conviction on a lesser charge. 

5 Ways to Fight First-Degree Murder Charges

1. Self-Defense

A Second-Degree murder charge can be successfully defended if you prove the defense of “justification”, sometimes known as self-defense. You must show you were justified in using deadly physical force, from both an objective and subjective viewpoint. You can also argue you were acting in defense of others, such as children.

2. Mistaken Identity

Your lawyer can argue you have an alibi, or that the alleged victim was mistaken due to a suggestive police-initiated identification procedure.

3. Lack of Intent

Second Degree murder is an intentional killing. If it can be shown Defendant lacked the intent to kill, but rather was only reckless or negligent, the charge can be reduced to Reckless Manslaughter or Criminally Negligent Homicide.

4. Extreme Emotional Disturbance

A Second Degree Murder charge can be reduced to First Degree Manslaughter, if it can be shown Defendant acted under “extreme emotional disturbance”. This is an affirmative defense that Defendant must establish. It has been previously referred to as “acting in the heat of passion”, and applies to situations where there may not be a premeditated intent to kill, but an extreme reaction to some type of trauma or argument. 

5. Insanity

An insanity defense is very difficult to establish and will often turn into a battle between prosecution and defense psychiatrists. It is rarely successful, and even if successful, will result in Defendant being institutionalized.

How a Criminal Defense Attorney Can Help

The law varies from state to state. You want someone who is familiar with the law in your state and how it is applied, as these types of defenses vary and there are different burdens of proof.

For help in Monroe County, New York and surrounding counties in Western New York, trust Thomas A. Corletta, Attorney at Law. He has been helping clients fight criminal charges for over 38 years. Known for his straightforward, no nonsense approach and passionate and vigorous representation, he will give you the legal advice and representation you need. Find out more about his criminal defense experience online. For an appointment, call (585) 546-5072.