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Homicide

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Homicide refers to the unlawful killing of another person. In New York, homicide charges are classified under Article 125 of the Penal Law and range from criminal negligence to manslaughter in the first and second degrees, to murder, depending on intent, circumstances, and level of culpability.

Common Types of Homicide Charges

  • Murder in the Second Degree (PL § 125.25): The intentional killing of another person, or a death caused during the commission of certain felonies (felony murder). A Class A-I felony, punishable by up to life in prison.
  • Murder in the First Degree (PL § 125.27): Reserved for the most serious cases, including killings of law enforcement officers, multiple victims, or killings involving torture or murder-for-hire. Also a Class A-I felony.
  • Manslaughter in the First Degree (PL § 125.20): Causing death recklessly under circumstances showing extreme indifference to human life, a Class B felony.
  • Manslaughter in the Second Degree (PL § 125.15): Recklessly causing the death of another, or causing death in a sudden heat of passion, a Class C felony.
  • Criminally Negligent Homicide (PL § 125.10): Causing death through criminal negligence, usually a Class E felony.
  • There are other vehicular-related homicides which are subject to specific underlying elements and facts.

Why Homicide Charges Are Extremely Serious

  • Homicide convictions carry life-altering consequences, including life in prison, permanent felony records, and significant social and legal ramifications.
  • Even charges that may not result in murder convictions can trigger lengthy prison sentences.
  • Every homicide case is unique, and small details can dramatically affect charges, defenses, and sentencing.
  • Having an attorney available to assist a person accused of murder early in the case can aid in investigations that can help resolve the case as favorably as possible.

Why Representation Matters

Homicide cases are high-stakes and complex. The prosecution will aggressively pursue a conviction, and the law allows for severe penalties. An experienced defense attorney understands how to analyze the evidence, challenge the narrative, and present a powerful defense in court. From scrutinizing forensic science to negotiating lesser charges or presenting a complete defense at trial, the right representation can make the difference between a life-altering conviction and a far better outcome.

The uniqueness of Lo Piccolo Law is our experience with homicides. Mr. Lo Piccolo is known as one of the strongest criminal defense attorneys in Nassau County, having gone to trial on over 50 homicide cases in his 30-year career.

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THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.

FAQS

Frequently Asked
Questions

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What do I do if I have been arrested?

Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.

A bench warrant means that court was missed, and if you come in contact with the police or other law enforcement, you will be detained and brought to court involuntarily. IF that happens, your family should contact an attorney to appear with you at court because bail can be set and you can be detained at the local jail.

You can vacate a bench warrant voluntarily by appearing with an attorney at the clerk’s office of the court where the bench warrant was issued. You will then go before a Judge to vacate the warrant. An attorney should be present to advocate for your continued liberty.

Arrest warrants are less common but the same procedures apply in those situations.

Most court appearances are logged in the New York State Courts
database, commonly referred to as WEBCRIMS.

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

Please note that mis-spelling is common and that Desk Appearance
Tickets may not appear until a few days before the date on the ticket
OR not at all. Sometimes, these cases will not be logged into the system
until after that first initial appearance.

New York State Courts, as well as local village courts can be found at: LINK

Federal Courts can be found https://www.uscourts.gov/

For Nassau County Jail
https://app.nassaucountyny.gov/Sheriff/inmate_visit/A.

For Suffolk County Jail
https://www.suffolkcountysheriffsoffice.com/visiting-information

There are rules for each visit so please review them when preparing
to visit a loved one or friend.

For Nassau County Jail: LINK

For the Suffolk County Jail: LINK

Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.

Felony charges are the more serious criminal charges in NYS. They range from levels A to E, with A being the most serious and E being the least serious. There are also non-violent and violent felonies depending on the specific facts of each case. The most serious felonies in New York can carry a life sentence, a determinate sentence ranging from 5-25 years for the more serious violent felonies to non-mandatory jail for many non-violent felonies, depending on the accused criminal history.

Misdemeanor charges are lesser offenses ranging from A to B misdemeanors, with A misdemeanors being the more serious offenses. They carry a potential sentence of one year in jail, 3 years probation, or a combination of the two. While less serious than felonies, the risk of a criminal record from a conviction is still real and needs an attorney to advise and defend.

What is Bail?
Bail is a securing order to ensure an accused’s return to court. IF Bail is
set, a person is detained at the local jail until bail is posted. If Bail is set,
it can be posted at arraignments if family is present, 24 hours a day at the
local jail and Monday through Friday between 9-4:30 p.m. at the Court.
If you are posting a Partially Secured Bond (please allow at least 2 hours
for this process).

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666 Old Country Road,
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Garden City, NY 11530

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