Homicide Attorney

Homicide Defense Attorney in Suffolk County, New York

Being charged with homicide in Suffolk County is the most serious accusation you can face, threatening your life, liberty, and everything you hold dear. Homicide charges range from manslaughter to first-degree murder and carry penalties from years in prison to life imprisonment without the possibility of parole. These cases involve complex legal issues, extensive investigations, forensic evidence, and the full weight of the criminal justice system focused on securing a conviction. When you’re facing charges that could take away your freedom forever, you need an attorney with exceptional experience, skill, and dedication. Attorney Michael Brown is Suffolk County’s most experienced homicide defense lawyer, with a proven track record of successfully defending clients against all types of homicide charges.

Understanding Homicide Under New York Law

Homicide is the killing of one human being by another. Not all homicides are criminal—lawful homicides include justified killings in self-defense, defense of others, or by law enforcement in appropriate circumstances. Criminal homicides in New York are prosecuted under Article 125 of the Penal Law and include murder, manslaughter, and criminally negligent homicide.

The distinction between different homicide charges depends on:

• Mental state: Intent, recklessness, or criminal negligence
• Circumstances: Sudden passion, extreme emotional disturbance, or premeditation
• Aggravating factors: Use of torture, multiple victims, killing law enforcement, or other specified circumstances

All criminal homicide charges are felonies carrying substantial prison sentences, with the most serious charges carrying mandatory life sentences.

Criminally Negligent Homicide

Criminally Negligent Homicide, under New York Penal Law § 125.10, is a Class E felony. A person is guilty of criminally negligent homicide when, with criminal negligence, they cause the death of another person.

“Criminal negligence” means failing to perceive a substantial and unjustifiable risk that death will occur, when the failure to perceive constitutes a gross deviation from the standard of care that a reasonable person would observe.

This is the least serious homicide charge and typically involves deaths caused by extremely careless conduct without intent or recklessness.

Penalties for Criminally Negligent Homicide:

• Prison Time: Up to 4 years in state prison
• Probation: Possible probation for first-time offenders in some circumstances
• Fines: Substantial fines and surcharges
• Permanent Felony Record: A felony conviction with lasting consequences

Manslaughter in the Second Degree

Manslaughter in the Second Degree, under New York Penal Law § 125.15, is a Class C felony. A person is guilty of manslaughter in the second degree when:

Recklessly Causes Death: They recklessly cause the death of another person. “Recklessly” means consciously disregarding a substantial and unjustifiable risk that death will occur.

Intentionally Causes Suicide: They intentionally cause or aid another person to commit suicide.

Recklessly Engaging in Abortion Causing Death: They commit certain abortion-related conduct that causes a woman’s death (rare).

Abusive Conduct Against Vulnerable Victim: Being 18 years or older, they recklessly cause the death of a person less than 11 years old, or of a vulnerable elderly person, or an incompetent or physically disabled person under circumstances evincing a depraved indifference to human life.

Second-degree manslaughter is the most common manslaughter charge and often involves deaths from bar fights, vehicular homicides not charged as vehicular manslaughter, deaths from drug distribution, or reckless conduct causing fatalities.

Penalties for Manslaughter in the Second Degree:

• Prison Time: 3.5 to 15 years in state prison
• Mandatory Sentencing: Typically no probation available
• Violent Felony Classification: Designated as a violent felony
• Fines: Up to $5,000 plus surcharges
• Permanent Violent Felony Record: Devastating lifetime consequences

Manslaughter in the First Degree

Manslaughter in the First Degree, under New York Penal Law § 125.20, is a Class B felony. A person is guilty of manslaughter in the first degree when:

Intent with Extreme Emotional Disturbance: With intent to cause serious physical injury to another person, they cause the death of such person or of a third person; this provision requires proving intent to cause serious injury (not death) that results in death.

Intent to Cause Death with Extreme Emotional Disturbance: With intent to cause the death of another person, they cause the death of such person or of a third person under circumstances which do not constitute murder because they acted under the influence of extreme emotional disturbance. The reasonableness of the emotional disturbance is determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be.

Recklessly Engaging in Abortion Causing Death: They commit certain abortion-related conduct with intent to cause a woman’s miscarriage and cause her death (rare).

Intentionally Causing or Aiding Suicide of Vulnerable Person: Being 18 years or older, they intentionally cause or aid the suicide of a person less than 11 years old.

The “extreme emotional disturbance” provision is significant—it can reduce what would otherwise be murder to manslaughter when defendants kill under circumstances of sudden passion caused by sufficient provocation.

Penalties for Manslaughter in the First Degree:

• Mandatory Prison Time: 5 to 25 years in state prison
• Substantial Mandatory Minimum: Significant required prison time
• Violent Felony Classification: Class B violent felony
• Massive Fines: Up to $5,000
• Permanent Serious Violent Felony Record: Life-altering conviction

Aggravated Manslaughter

New York recognizes two forms of aggravated manslaughter:

Aggravated Manslaughter in the Second Degree (Penal Law § 125.21), Class C felony: Recklessly causing the death of a police officer or peace officer when the defendant knows or reasonably should know the victim is a law enforcement officer engaged in official duties.

Aggravated Manslaughter in the First Degree (Penal Law § 125.22), Class B felony: With intent to cause serious physical injury to a police officer or peace officer, causing death when the defendant knows or reasonably should know the victim is a law enforcement officer engaged in official duties.

These enhanced charges reflect the serious nature of killing law enforcement officers.

Murder in the Second Degree

Murder in the Second Degree, under New York Penal Law § 125.25, is a Class A-I felony. A person is guilty of murder in the second degree when:

Intent to Cause Death: With intent to cause the death of another person, they cause the death of such person or of a third person.

Depraved Indifference to Human Life: Under circumstances evincing a depraved indifference to human life, they recklessly engage in conduct which creates a grave risk of death to another person, and thereby cause the death of another person.

Felony Murder: Acting either alone or with others, they commit or attempt to commit robbery, burglary, kidnapping, arson, rape, sexual abuse, escape, or other specified felonies, and in the course of and in furtherance of such crime or of immediate flight therefrom, they or another participant cause the death of a non-participant.

Death of Victim Under 14 by Defendant 18 or Older: Being 18 years old or more, they intentionally cause the death of a person less than 14 years old.

Death During Course of Certain Sex Crimes: They commit certain sexual assault offenses against a child and cause the child’s death.

The felony murder provision is particularly significant—it allows murder charges when someone dies during the commission of specified felonies, even if the defendant didn’t intend death and even if another participant caused the death.

Penalties for Murder in the Second Degree:

• Mandatory Life Sentence: 15 years to life, 20 years to life, or 25 years to life in state prison depending on circumstances
• No Probation: Mandatory imprisonment
• Class A-I Felony: Most serious felony classification
• Parole Eligibility: Minimum of 15-25 years before parole eligibility depending on specific provision
• Permanent Conviction: Life sentence with parole possibility only after decades

Murder in the First Degree

Murder in the First Degree, under New York Penal Law § 125.27, is a Class A-I felony reserved for the most aggravated murders. A person is guilty when they commit second-degree murder and one of the following aggravating circumstances exists:

• Victim is Law Enforcement Officer: The victim was a police officer, peace officer, or other specified law enforcement official engaged in official duties and the defendant knew or reasonably should have known this
• Victim is Witness: The victim was killed because they were a witness to a crime
• Murder for Hire: The defendant was hired to commit murder or hired another to commit murder
• Multiple Victims: The defendant has been previously convicted of murder
• Torture: The victim was intentionally killed by torture
• Killing During Specific Felonies: The murder was committed during certain specified felonies including terrorism
• Multiple Murders in Single Incident: The defendant intentionally caused the deaths of two or more persons in a single incident

Penalties for Murder in the First Degree:

• Mandatory Life Without Parole: Life imprisonment with no possibility of parole
• Death Penalty: New York’s death penalty statute exists but has been declared unconstitutional and is not applied
• No Release: Defendants serve life sentences until death
• Most Serious Charge: The gravest charge in New York’s criminal code

Vehicular Homicide Offenses

New York has separate vehicular manslaughter and vehicular homicide statutes (Penal Law §§ 125.12-125.14) for deaths caused by intoxicated or impaired drivers, ranging from Class D to Class B felonies with sentences from 2 to 25 years.

Long-Term Consequences of Homicide Convictions

Life Imprisonment

Homicide convictions carry the longest prison sentences in the criminal justice system:

• Murder convictions mean life sentences measured in decades or permanent imprisonment
• Manslaughter convictions mean years or decades in maximum-security prisons
• No meaningful freedom for many decades if ever

Total Destruction of Life and Future

Homicide convictions permanently destroy:

• All career and employment opportunities
• Family relationships and parental rights
• Housing and community ties
• Education and personal development
• Financial stability and assets
• Social relationships and reputation
• Civil rights and liberties

Immigration Catastrophe

For non-citizens, homicide convictions result in:

• Mandatory deportation as “aggravated felonies”
• Permanent inadmissibility to the United States
• No relief or waivers available
• Family separation

Common Defenses to Homicide Charges

As Suffolk County’s most experienced homicide defense attorney, Michael Brown employs sophisticated, comprehensive defense strategies:

Self-Defense and Defense of Others

New York law permits using deadly physical force when reasonably necessary to defend against imminent use of deadly physical force. Attorney Brown establishes:

• You reasonably believed you or another faced imminent death or serious injury
• The force you used was necessary to prevent the harm
• You were the victim, not the aggressor
• The killing was justified

Self-defense is a complete defense to homicide charges.

Extreme Emotional Disturbance

For murder charges, proving extreme emotional disturbance can reduce charges to manslaughter. Attorney Brown demonstrates:

• You acted under extreme emotional disturbance
• The disturbance was reasonable from your perspective
• Circumstances provoked the emotional state
• This mitigating factor should reduce the charge

Lack of Intent

Many homicide charges require specific intent. Attorney Brown shows:

• You lacked intent to kill or cause serious injury
• Death was accidental
• Recklessness doesn’t rise to intent
• Prosecution cannot prove intent beyond reasonable doubt

Challenging Causation

Attorney Brown challenges whether your conduct actually caused death:

• Medical evidence regarding cause of death
• Alternative causes of death
• Intervening causes breaking causal chain
• Whether prosecution proves causation beyond reasonable doubt

Mistaken Identity

Attorney Brown demonstrates:

• You were not present at the scene
• Witnesses misidentified you
• Alibi evidence places you elsewhere
• Physical evidence doesn’t link you to the homicide

Challenging Forensic Evidence

Homicide cases involve complex forensic evidence. Attorney Brown:

• Retains expert witnesses to challenge prosecution forensics
• Questions autopsy findings and medical examiner testimony
• Challenges ballistics, DNA, and physical evidence
• Identifies errors in forensic analysis

Mental Disease or Defect

When applicable, Attorney Brown presents:

• Evidence of mental illness affecting responsibility
• Psychiatric evaluations
• Insanity defenses in appropriate cases
• Diminished capacity arguments

Insufficient Evidence

Attorney Brown demonstrates:

• Evidence is insufficient to prove guilt beyond reasonable doubt
• Prosecution case has gaps and weaknesses
• Reasonable doubt exists

Constitutional Violations

Attorney Brown challenges:

• Illegal searches and seizures
• Miranda violations
• Improper interrogations
• Due process violations
• Whether evidence should be suppressed

Five Reasons Attorney Michael Brown Is Your Best Choice

1. Unmatched Experience in Homicide Defense: As Suffolk County’s most experienced homicide defense attorney, Michael Brown has successfully defended clients against murder, manslaughter, and criminally negligent homicide charges. His extensive experience with the most serious criminal cases provides clients with sophisticated defense strategies, comprehensive investigation, expert witness coordination, and the highest level of legal representation when life and liberty are at stake.
2. Mastery of Self-Defense and Justification Law: Many homicide cases involve claims of self-defense or defense of others. Attorney Brown has exceptional expertise in presenting justification defenses, demonstrating reasonable fear of death or serious injury, establishing defendants were victims defending themselves, and proving killings were legally justified. His success with self-defense cases has resulted in acquittals and dismissed charges in seemingly impossible situations.
3. Expertise in Forensic Evidence and Expert Witnesses: Homicide prosecutions involve complex forensic evidence including autopsies, ballistics, DNA, blood spatter analysis, and medical testimony. Attorney Brown works with leading forensic experts, medical examiners, pathologists, and specialists to challenge prosecution evidence, present alternative interpretations, identify errors in forensic analysis, and provide compelling expert testimony supporting the defense.
4. Trial Excellence in High-Stakes Cases: Homicide cases almost always go to trial given the severity of potential sentences. Attorney Brown is an accomplished trial attorney with proven success in homicide trials. His courtroom presence, cross-examination skills, ability to connect with juries, and strategic trial advocacy make him the attorney you need when your life is on the line.
5. Comprehensive Investigation and Case Preparation: Homicide defense requires exhaustive investigation beyond what prosecutors conduct. Attorney Brown employs private investigators, interviews witnesses, obtains surveillance footage, reconstructs crime scenes, develops alternative theories, and uncovers evidence prosecutors overlook. His thorough preparation has uncovered exculpatory evidence and identified alternative suspects in numerous cases.

What to Do If You’re Investigated for or Charged with Homicide

Immediately Exercise Your Right to Remain Silent: Do not answer any questions from police. Do not explain what happened. State: “I want to speak with my attorney and I am exercising my right to remain silent.” Then say absolutely nothing.

Request an Attorney Immediately: Clearly invoke your right to counsel. Police must stop questioning once you request an attorney.

Do Not Consent to Searches: Refuse consent to all searches of your person, vehicle, home, phone, or property.

Do Not Discuss the Case: Do not talk about the case with anyone except your attorney—not family, friends, cellmates, or anyone else.

Preserve All Evidence: If you have any evidence supporting your innocence or self-defense, preserve it and provide it only to your attorney.

Contact Attorney Michael Brown Immediately: Homicide charges are the most serious accusations in the criminal justice system. Every moment without experienced representation can irreparably harm your case. Attorney Brown needs to begin immediately investigating, preserving evidence, interviewing witnesses, and building your defense.

Your Life and Freedom Are at Stake

Homicide charges threaten to take away your freedom forever, separate you from your family, and end your life as you know it. But even in the most serious cases, defenses exist. Self-defense, extreme emotional disturbance, lack of intent, mistaken identity, insufficient evidence—these and other defenses have resulted in acquittals and dismissed charges in homicide cases.

When you’re facing charges that could imprison you for life, you need the most experienced, skilled, and dedicated homicide defense attorney available. You need someone who has successfully defended homicide cases, who understands forensic evidence, who can present compelling self-defense claims, who has proven trial success, and who will fight with everything they have to protect your life and freedom.

Contact Attorney Michael Brown today for a confidential consultation about your homicide case. Time is absolutely critical. Do not speak to police. Do not make statements. Do not delay. Your life depends on the decisions you make right now. Let Suffolk County’s most experienced homicide defense attorney put his expertise, his experience, and his unwavering commitment to work protecting your life, your liberty, and your future.