PL 125.25 · Article 125
Murder in the Second Degree
Murder in the second degree is one of the most serious charges in New York. It most often alleges that a person intentionally caused someone's death, but it also covers deaths caused under circumstances showing depraved indifference to human life and certain deaths during listed felonies.
24 Years Experience · Since 2002Former ADAAvailable 24/7Se Habla Español
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused caused the death of another person.
- The accused acted with intent to cause death, or under one of the other circumstances in PL 125.25 (such as depraved indifference or felony murder).
Defenses that commonly apply
- Justification (self-defense) under PL Article 35.
- Extreme emotional disturbance, an affirmative defense that can reduce the charge to manslaughter.
- 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 A-I Felony carries a maximum sentence of 15 to 25 years to life in state prison and a fine of up to Fines generally do not apply to class A felonies.
Every case turns on its own facts. The information on this page is general, not legal advice.