PL 125.15 · Article 125
Manslaughter in the Second Degree
Manslaughter in the second degree most often alleges that a person recklessly caused another person's death — meaning they were aware of and consciously disregarded a substantial and unjustifiable risk.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused caused the death of another person.
- The accused acted recklessly (or under another subdivision of PL 125.15).
Defenses that commonly apply
- The conduct was not reckless — an accident or ordinary negligence is not this crime.
- Causation: whether the conduct actually caused the death.
- 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 C Felony carries a maximum sentence of up to 15 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.
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