Manslaughter in the First Degree

What the prosecutor must prove

• The accused intended to cause serious physical injury to a person (or acted under another subdivision of PL 125.20).
• The accused caused the death of that person or a third person.

Defenses that commonly apply

• Justification (self-defense).
• Lack of the required intent; causation disputes.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class B Felony carries a maximum sentence of up to 25 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.