Homicide Defense Attorney in Brooklyn, NY, Standing up for Clients Charged With the Most Serious Criminal Offenses Under New York Law
No criminal charge is taken more seriously under New York law than murder. If you’re accused of intentionally taking someone’s life, the penalties you’re facing are nothing short of life-altering. You need to fight these allegations with every resource available, because your entire future depends on the outcome of your case. You need a Brooklyn murder charge lawyer who will fight tirelessly for your rights, your freedom, and fair treatment under the law.
At Roger V Archibald PLLC, we defend clients against charges of the most serious violent crimes under New York law. Our criminal defense law firm analyzes every detail, explores every avenue, and relentlessly seeks the most favorable outcome possible for the clients we serve. Contact us today for a free, confidential consultation with a homicide defense attorney in Brooklyn, NY, and find out what it takes to build an effective legal strategy against murder charges.
Making Justice Happen.
Tell Us About Your Story Today.
Speak To An Experienced Attorney Today
718-237-1111What Defendants Need to Know About Murder Laws in New York
Murder charges are complex, and the prosecutor needs to prove not only that a death occurred, but also other elements that pertain to intent, mental state, and aggravating factors. That requirement provides opportunities that a skilled Brooklyn murder charge lawyer can use to mount a strong and compelling defense.
What Constitutes Murder vs. Manslaughter
Under New York law, the distinction between murder and manslaughter largely comes down to intent, state of mind, and the circumstances surrounding the death.
Murder charges generally involve allegations that a person intentionally caused the death of another, or acted with such extreme recklessness that their conduct showed a depraved indifference to human life. In some cases, a murder charge can also arise even without an intent to kill, such as when a death occurs during the commission of a serious felony.
Manslaughter charges, while still extremely serious, typically involve a lower level of intent or culpability than murder. These cases may involve reckless behavior, criminal negligence, or situations where a person acted under extreme emotional disturbance. In other words, prosecutors may acknowledge that the accused did not act with the same level of intent or malice required for a murder conviction.
The line between murder and manslaughter is often not clear-cut, especially early on, before all the facts of the case emerge. Prosecutors frequently file the most severe charge possible at the outset of a case.
An experienced defense attorney can challenge how the prosecution interprets intent, emotional state, and surrounding facts. This intervention can make the difference between a murder charge and a significantly reduced offense.
Aggravating Factors in Brooklyn Murder Cases
Certain factors under New York law can elevate a homicide case or expose a defendant to the most serious murder charges available. For example, first-degree murder is reserved for specific, narrowly defined circumstances that prosecutors view as especially aggravated.
These aggravating factors include (but are not limited to) allegations that involve:
- The killing of a police officer, correction officer, or judge
- Murder for hire
- The murder of a witness
- The killing of multiple people during the same incident
- Murders connected to acts of terrorism
Certain factors can also play a role in second-degree murder cases, even though the charge itself does not require the same specialized circumstances as first-degree murder. Case-specific factors prosecutors may emphasize at charging, bail, plea posture, or sentencing arguments include:
- Allegations of extreme brutality
- The use of a deadly weapon
- The vulnerability of the alleged victim
- The defendant’s alleged role in a serious underlying felony
In Brooklyn, prosecutors take aggravating factors seriously, but these allegations are not beyond challenge. Many cases involve disputed facts, unreliable witnesses, or overstatements by law enforcement. A skilled defense attorney can scrutinize whether alleged aggravating factors truly apply and fight to prevent prosecutors from unfairly escalating the charge or penalties.
What’s at Stake When You’re Facing Murder Charges
A murder conviction in New York can carry decades in prison, life sentences, and permanent consequences that affect your freedom, your family, and your future. Even before a case reaches trial, defendants often endure strict bail conditions, public scrutiny, and intense emotional stress.
A dedicated criminal defense attorney at Roger V Archibald PLLC will do more than argue the law. We will work tirelessly to protect your rights, tell your side of the story, and stand between you and the full force of the prosecution. Having experienced legal advocacy can make a critical difference in minimizing or, in some circumstances, completely avoiding the most severe consequences under New York law.
Types of Murder Charges Our Brooklyn, NY, Law Firm Defends Against
Despite their inherent severity, not all murder charges involve the same elements or carry the same potential penalties. As an experienced Brooklyn murder charge lawyer, Roger V Archibald PLLC defends clients against all types of allegations related to homicide and manslaughter.
First-Degree Murder
Defined under New York Penal Law § 125.27 as the most serious homicide charge, first-degree murder applies only in limited, aggravating circumstances. These can include allegations involving law enforcement officers or judges, murder for hire, killing a witness, multiple victims, or certain terrorism-related acts.
Second-Degree Murder
Established under New York Penal Law § 125.25, second-degree murder is the most commonly charged murder offense in Brooklyn. It may involve allegations of an intentional killing, conduct showing a depraved indifference to human life, or a death that occurs during the commission or attempted commission of certain serious felonies.
Felony Murder
Recognized under New York Penal Law § 125.25(3) as a theory of second-degree murder, felony murder applies when a person is accused of causing a death during or in furtherance of a serious felony such as robbery, burglary, kidnapping, or certain sex offenses. A defendant can face this charge even if they did not intend to kill anyone.
Manslaughter in the First Degree
Defined under New York Penal Law § 125.20 as a serious homicide offense that falls short of murder, first-degree manslaughter may involve allegations that a person intended to cause serious physical injury that resulted in death, or that a killing occurred under extreme emotional disturbance.
Manslaughter in the Second Degree
Under New York Penal Law § 125.15, second-degree manslaughter typically involves reckless behavior that causes the death of another person. Unlike murder charges, these cases generally do not involve an allegation of intent to kill.
Criminally Negligent Homicide
Defined under New York Penal Law § 125.10, this charge applies when a person is accused of causing a death through criminal negligence. These cases often arise from fatal accidents or situations where a person failed to perceive a substantial and unjustifiable risk.
Vehicular Manslaughter
Under New York Penal Law § 125.12, vehicular manslaughter involves allegations that a person caused a fatal accident while operating a motor vehicle under the influence of alcohol, drugs, or a combination of substances.
Aggravated Vehicular Homicide
Defined under New York Penal Law § 125.14 as the most serious vehicle-related homicide charge, aggravated vehicular homicide involves allegations of impaired driving combined with additional factors, such as prior DUI convictions, excessive speeding, or driving on a suspended license.
Every murder or manslaughter charge is a serious legal matter that exposes you to life-changing consequences. To minimize these issues as much as possible, you need a Brooklyn murder charge lawyer fighting for you from the start.
- ★★★★★
Mr. Archibald deeply cares about his clients and staff, and is a pleasure to work with! Would highly recommend his firm.
Caitlin S. - ★★★★★
Mr. Archibald is very knowledgeable of the law and is always wiĺling to find a winning solution for his client.
Luana W. - ★★★★★
Mr. Roger V. Archibald is admired for his work ethic and experience. He is compassionate and will take you through each step of the case patiently and will answer all questions you may have.
Audge R. - ★★★★★
Roger V. Archibald is the consummate professional and his only goal is to obtain justice for each and every client. His strong cultural ties, consistent quest to enrich those around him, and desire to uplift his community is unmatched. If you want to be seen, heard and have a skilled fighter in your corner, then Roger V. Archibald is the advocate for you!
Shareema A. - ★★★★★
Mr. Roger V. Archibald is one of the best lawyers l have ever came across, he was there for my son and stepdaughter. He’s very, very knowledgeable. Just his presents alone is comforting. He’s the type of lawyer you definitely want in your corner. I would refer Mr. Archibald to anyone. Thank you Mr. Archibald for being you.
Cleopatra H. - ★★★★★
Excellent service, I’ve used his service many times and always get the results I anticipated.
Financially CLEAN - ★★★★★
I found Mr. Archibald to be very knowledgeable, courteous, easy to speak with and very efficient in helping me resolve my legal issue. I highly recommend his services and will without a doubt use his services again if needed.
Gladston Services Inc. - ★★★★★
I have had the privilege of knowing Roger V. Archibald for several years, having interned at his law firm and experienced his role as our general counsel for our family office and companies. Roger V. Archibald is exceptionally well-versed in corporate law, litigation, immigration, and international law. Roger V. Archibald is truly your attorney’s favorite attorney. His professionalism and attention to detail are unmatched. Beyond his technical expertise, Roger V. Archibald serves as a trusted counselor and advisor. He has mentored me personally, providing invaluable guidance and insights throughout my career. Roger V. Archibald’s career is decorated with numerous accolades that reflect his dedication and expertise. His commitment to excellence has earned him recognition in the legal community, making him a respected figure in various legal disciplines. I wholeheartedly endorse and recommend Roger V. Archibald’s law practice. If you’re looking for an attorney who combines profound legal knowledge with exceptional client service, look no further than Roger Victor Archibald, PLLC.
Kevin J. - ★★★★★
If I may start by saying the word integrity, here you are treated as a person not a number. They make sure they keep you updated with your circumstances and also let you know your options. I totally recommend Roger V. Archibald and his Law Firm to be the one of choice.
Shaun F. - ★★★★★
Exceptional 5 stars professionalism of service and representation.
Raoul M. - ★★★★★
Extensive support for all our union related legal needs, including election challenges and employment issues. Can always rely on the firm to provide precise and detailed information when consulting on any matter.
L FourTwoZero - ★★★★★
He's brilliant!
Deidra T. - ★★★★★
Great listener. Make decisions based on the fact and the law. I would highly recommend Mr. Archibald to other prospective clients.
Marcell M. - ★★★★★
Roger V. Archibald is by far the best attorney I have ever dealt with. He has been taking care of our organization's legal matters for a decade, and everything is as smooth as it can be. He has won several court decisions and saved a lot of money for our union. This site looks great; it's fitting for the quality work Roger V. Archibald and his team do on a daily basis.
Soner I. - ★★★★★
Professional, courteous care & concern exceeded my expectations.
Kieran H. - ★★★★★
Best attorney in all of Brooklyn! Mr. Archibald's attention to detail and clear communication skills on explaining the law and his representation on your legal matters are unmatched by any other.
Denise F.
The Harsh Penalties for Murder Charges in New York
Murder and homicide charges carry some of the most severe punishments allowed under New York law. The consequences of a conviction could follow you for the rest of your life, leading to decades in prison, permanent loss of freedom, and lasting harm to family relationships, employment prospects, and reputation.
While prosecutors often pursue the harshest penalties available, the outcome is not predetermined. The difference between charges, enhancements, and sentencing ranges matters. You need to understand exactly what’s at stake and how strong defense advocacy can help you protect your future.
First-Degree Murder
First-degree murder is a Class A-I felony and can carry life imprisonment, including life without parole. In cases where parole eligibility is permitted, the minimum term is set within strict limits.
Second-Degree Murder
Second-degree murder is a Class A-I felony. This charge carries a mandatory minimum of 15 to 25 years in prison before parole eligibility if convicted. Life without parole is possible in specific, narrowly defined circumstances.
Felony Murder
Charged as second-degree murder (a Class A-I felony), the penalties for felony murder are the same as those for intentional murder, even if there was no intent to kill. These penalties include a mandatory minimum of 15 to 25 years before parole eligibility and a maximum penalty of life imprisonment, possibly without parole eligibility in certain circumstances.
Manslaughter in the First Degree
Often charged when prosecutors believe murder is difficult to prove, first-degree manslaughter is a Class B felony. Because it’s treated as a violent felony, prison exposure can include a determinate term with a minimum set by law, up to 25 years.
Manslaughter in the Second Degree
When the death is alleged to have resulted from conduct that is reckless but not intentional, prosecutors may charge a defendant with second-degree manslaughter, a Class C felony. A conviction can result in up to 15 years in prison.
Criminally Negligent Homicide
The lowest-level homicide charge, criminally negligent homicide, is still a felony offense. As a Class E felony, a criminally negligent homicide conviction can leave you facing up to four years in prison.
Vehicular Manslaughter
Vehicular manslaughter, which can be charged in the first or second degree, applies to cases in which a death is alleged to have resulted from impaired driving, even when there was no intent to cause harm. As a Class D felony, second-degree vehicular manslaughter charges expose defendants to up to 7 years in prison. First-degree charges constitute Class C felony offenses, with a maximum penalty of up to 15 years in prison.
Aggravated Vehicular Homicide
When a fatal impaired-driving case involves additional aggravating factors, such as prior alcohol- or drug-related driving convictions or driving with a suspended or revoked license, prison is likely. The maximum penalty for aggravated vehicular homicide, a Class B felony, is up to 25 years in prison.
An Experienced Homicide Defense Attorney in Brooklyn, NY, Can Guide You Through Every Stage of the Legal Process
A homicide case is complex, high-pressure, and emotionally overwhelming. From the moment charges are filed through the final resolution of a case, every decision can have lasting consequences. An experienced Brooklyn homicide defense attorney provides strategic guidance, protects your constitutional rights, and ensures you are never facing the system alone.
Early Case Assessment and Investigation
Your defense attorney will review the prosecution’s evidence, identify weaknesses in the case, and conduct an independent investigation to uncover facts that support your defense.
Pre-Trial Motions
Strategic pre-trial motions can seek to suppress illegally obtained evidence, challenge improper police conduct, limit prejudicial testimony, or even secure dismissal of certain charges before trial begins.
Plea Negotiations
When appropriate, an experienced attorney may negotiate with prosecutors on your behalf to seek reduced charges, lesser sentencing exposure, or alternative resolutions. It’s important to choose an attorney who communicates clearly, so that you have a full understanding of the risks and benefits when deciding whether to accept a plea deal.
Trial Preparation
Trial preparation involves developing a compelling defense strategy, preparing witnesses, consulting experts, and anticipating the prosecution’s arguments to ensure you are fully prepared if your case goes before a jury.
Courtroom Advocacy at Trial
During trial, your homicide defense attorney will challenge the prosecution’s evidence, cross-examine witnesses, present defense testimony, and argue persuasively for acquittal or a lesser charge.
Sentencing Advocacy
If a conviction occurs, strong advocacy at sentencing can make a critical difference. Advocacy during this stage includes presenting mitigating factors, humanizing the defendant, and arguing for the most favorable sentence allowed under New York law.
How Roger V Archibald PLLC Can Help Defendants Charged With Murder in Brooklyn
Our firm provides the full-service legal support of an experienced homicide defense attorney in Brooklyn, NY. From protecting your rights at every stage of the legal process through implementing a custom-tailored defense strategy, we stand by our clients from the very beginning and fight for a resolution that minimizes the serious consequences of a murder charge.
Fighting for Your Rights and Legal Protections
Being charged with a crime, even one as serious as murder, doesn’t strip away your legal rights. In fact, the protections guaranteed to you under the law are more critical now than ever. At Roger V Archibald PLLC, we have a deeply personal commitment to upholding civil rights and liberties, and that includes the legal protections promised to the accused. You deserve to be presumed innocent until proven guilty, to have access to the trusted guidance of an experienced defense attorney, and to retain your constitutional rights throughout the legal process.
Challenging Forensic Evidence
Murder cases are often built on forensic evidence such as DNA evidence, ballistics, and autopsy reports. However, this evidence can be circumstantial, of questionable accuracy, or otherwise insufficient to prove guilt beyond a reasonable doubt. Our law firm takes a diligent approach to challenging forensic evidence of all kinds through careful cross-examination, expert testimony, and presentation of evidence that supports your defense.
Developing Personalized Defense Strategies
Every murder case is unique, and every defense strategy should be, too. We craft customized arguments for every client based on the unique facts of their situation. We explore all possible avenues of defense, including arguing self-defense, establishing a lack of intent, presenting alibis, establishing mistaken identity defenses, or arguing that the death was an accidental killing that does not warrant murder charges.
Why Choose Roger V Archibald PLLC as Your Brooklyn Murder Charge Lawyer?
At Roger V Archibald PLLC, we put our 35+ years of experience in private legal practice to work defending the accused. We’re equipped to take on the most complex and high-stakes murder cases, and we have a proven reputation as a tireless advocate, an effective negotiator, and a formidable trial attorney.
We treat every client as a real person, not just as a case or a charge. We’re committed to removing the barriers to obtaining skilled legal representation by offering free consultations and Spanish-speaking services.
Contact a Brooklyn Murder Charge Lawyer at Roger V Archibald PLLC Today for a Free Consultation
Facing a murder charge is like living in a nightmare you can’t wake up from. Even when everything is at stake, you still have rights, support, and a reason to hold onto hope. Our criminal defense firm has helped clients in situations like yours pursue the most favorable outcomes possible. In certain circumstances, that may mean getting charges reduced or dismissed altogether, securing not-guilty trial verdicts, negotiating plea deals that benefit you, or presenting a strong case for lighter sentencing.
For help from a homicide defense attorney in Brooklyn, NY, contact Roger V Archibald PLLC online or call 718-237-1111 today.