The New York Criminal Law Blog

Murder and Manslaughter in New York

Murder and manslaughter are crimes committed when one person takes the life of another, but the two are otherwise very different. Murder that is both willful and planned in advance is the most serious form of homicide and is referred to as first-degree murder. Second-degree murder is intentional but not premeditated, or is a homicide caused by dangerous acts in the absence of concern for others. While voluntary manslaughter is an intentional but unplanned killing commonly done “in the heat of passion,” involuntary manslaughter is an unintentional homicide resulting from an unlawful act such as a DWI.

Homicide is considered the most serious spectrum of crimes, with first-degree murder being the most severe; best defended by a New York criminal defense attorney or at least a public defender. Manslaughter convictions come with either probation or some prison time, while first-degree murder carries a sentence of 25 years to life in prison.


Recently in Murder & Manslaughter Category

Isidore Philip Tisson Dies in Front of Brooklyn Night Club

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Just after St. Lucian soccer star Isidore Philip Tisson scored the winning goal that would send his team to the finals at a New York tournament, a gunman opened fire and shot the athlete to death. New York Daily News reports that the incident occurred in front of Crown Heights Café on Monday morning after Isidore Tisson was leaving a nightclub.

The soccer star was apparently celebrating the team's 1-0 victory of Sunday's game at the Caribbean club Tropiks. It marked only the second time in 16 years that St. Lucia made it to the finals of the Digicel Caribbean Cup tournament.

Husband Posts Devi Silvia's Bail

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The devastating story of a mother that allegedly threw her 19-month-old baby in the Hudson River to get back at her husband when she was angry with him may have somewhat of a happy ending after all.

New York Daily News reports that the 34-year-old mother Devi Silvia now has a New York criminal defense attorney that is using the insanity defense so that she can avoid a conviction of attempted murder. Lawyers say that Devi Silvia was diagnosed with bipolar disorder and that the woman was legally insane at the time the crime was committed.

William Rapetti Acquitted in Crane Collapse Case

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It's been over two years since that 20-story high crane came crashing down on Manhattan, killing seven people and injuring another 24 victims. Rigging contractor William Rapetti was charged with 20 criminal counts, including seven counts of manslaughter over the incident. However, Associated Press reports that a judge acquitted the contractor of all charges last week.

William Rapetti was the only person to face criminal charges over the incident, where prosecutors argued that the man did a recklessly inadequate job of securing the nearly 200-foot crane. Yet New York criminal defense attorneys argued that the reason for the unsteady crane was because of engineering decisions and shoddy welding; which were not his responsibilities.

Man Sentenced After Admitting to Poisoning Wife

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A New York man named David Steeves pleaded guilty last month to second degree murder after he admitted to lacing his estranged wife's coffee with cyanide. The crime is disturbing to many New York residents, but criminal defense attorneys in this case were able to ensure that the defendant's rights were protected and that his side of the story was voiced in the trial.

Associated Press reports that the defendant David Steeves was sentenced to 19 years to life in prison yesterday. The man agreed to plead guilty to the second degree murder charge only after he was assured that his two sons would not be present for his sentencing. His two sons are ages 17 and 15 and wrote in letters to the judge that their father deserved no mercy. Many New York criminal defense attorneys might say that the man was lucky to avoid a first degree murder charge and conviction.

A mother allegedly threw her 19-month baby into the Hudson River last month and has since been charged with attempted murder. However, the 33-year-old has pleaded not guilty to the attempted murder charge on Monday and now has a New York criminal defense attorney that plans to argue that she is mentally insane.

The New York Post reports that Devi Silvia tossed her child in the river and jumped off the West 70th Street Pier to get back at her husband when she was angry with him, but her and the child were saved by NYPD marine units. Seema Iyer, who is representing Devi Silvia, told says that her client has recently been diagnosed with bipolar disorder. The criminal defense attorney is arguing that the mother is not guilty of the criminal charge because she was legally insane at the time the crime was committed. Since the incident last month, Devi Silvia has been incarcerated at the Elmhurst Hospital jail ward.

Trial of the 2008 Crane Collapse Begins on June 21

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It's difficult for New Yorkers to forget about the deadly crane accident that occurred two years ago where a 200-foot tall rig came crashing down on a city block, killing eight people and injuring dozens more. So it may not be a surprise that a man seen by some as responsible for the accident is now facing manslaughter charges over the incident.

WPIX News reports that the manslaughter trial for rigging contractor William Rapetti will begin on June 21 with jury selection. In a case like this, the specific jury that is chosen can play a huge role in the trial's outcome.

Jeffrey Conroy, a teenager charged with the hate crime death of Marcelo Lucero, was sentenced to the maximum sentence of 25 years in prison, CBS reports. The Suffolk County judge who presided over the case said that the amount of evidence was the reason for the sentencing. CBS News quotes the judge as saying, "[T]he proof was overwhelming."

As we wrote about previously in this blog, Jeffrey Conroy and his six friends were looking for a dark skinned victim to attack. Unfortunately for Marcelo Lucero, the group of boys targeted him for the attack back in November 2008. The group of boys taunted, beat and stabbed the Ecuadorian dry cleaner to death. While the rest of the boys pled guilty to first degree gang assault, Jeffrey Conroy pled not guilty and relied on his New York criminal defense attorney to go to trial.  

Devi Silvia Dominic Charged in Botched Murder-Suicide

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Here's an update in a case that New York criminal defense attorneys will likely be following.

A 33-year old woman was charged with attempted murder, assault, reckless endangerment and endangering the welfare of a child after an alleged suicide attempt.

The woman, Devi Silvia Dominic of Upper West Side, was strolling with her eighteen month old daughter on the pier at West 70th Street when she apparently threw herself into the water, after throwing her daughter, Jessica Catherine Prithiviraj, into the water.

A woman was plucked from the Hudson River on Tuesday, after sources claim she jumped in to the water.

The incident is being investigated as a murder-suicide. The woman allegedly jumped in with her toddler.

Malcolm X Killer Gets Out Today

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Malcolm X's killer is back on the streets.

On parole, of course.

Yes, his New York criminal defense lawyers will be keeping their good eyes on him, as he was released from prison today.

Indeed, the last thing a New York criminal defense lawyer wants is a badly behaving parolee as a client.

Thomas Hagan, now 69 years old, is said to have shot Malcolm X in 1965. He allegedly killed Malcolm X with a shotgun.

But this morning, all was forgotten as Thomas Hagan walked out of the Lincoln Correctional Facility at 11 a.m.

Or was it all really forgotten?