How Do You Defend Against Homicide Charges in Court?
June 13, 2025
Being charged with homicide is one of the most serious allegations a person can face in court. In New York, homicide charges carry severe penalties, including life imprisonment. When defending a client against such charges, there are several strategies we can employ as criminal defense attorneys to seek a favorable outcome.
It’s crucial to understand the legal process, the types of defenses available, and how a skilled defense team can help you avoid or reduce the penalties associated with these charges. At our firm, we’ve represented many individuals charged with homicide, and our primary goal is to help our clients achieve the best possible outcome.
Serving clients throughout Central and Northern New York, we’re here to help you. Whether you're looking for insight into your own case or simply want to understand how to handle such charges, this guide is here to provide essential information.
The Types of Homicide Charges in New York
Before diving into how we defend against homicide charges, it’s important to understand the different types of homicide under New York law. Each type of homicide has different legal elements and penalties, which can affect the defense strategy used.
Murder in the First Degree: This is the most serious charge. A person can be charged with first-degree murder if they intentionally kill someone, or if they kill someone during the commission of a felony like robbery or kidnapping. The penalties are severe, often leading to a life sentence without the possibility of parole.
Murder in the Second Degree: This charge involves intentionally killing someone, but without the aggravating circumstances required for first-degree murder. While still very serious, the penalties may be slightly less severe, though they can still result in life imprisonment.
Manslaughter in the First Degree: A manslaughter charge typically involves killing someone without premeditation, but under circumstances that suggest a sudden and intense emotional reaction, like in the heat of passion. While not as severe as murder charges, this can still lead to significant prison time.
Manslaughter in the Second Degree: This charge involves causing someone’s death recklessly, such as through dangerous driving or other reckless actions. It carries less severe penalties than first-degree manslaughter but can still result in substantial prison sentences.
Criminally Negligent Homicide: This charge applies when a death results from someone’s criminally negligent behavior. While less severe than other forms of homicide, this still carries the potential for imprisonment.
Common Defenses Against Homicide Charges
When defending against homicide charges, there are several possible strategies that we, as criminal defense attorneys, can pursue to challenge the prosecution’s case. These defenses can range from asserting that the killing was accidental to arguing that the defendant acted in self-defense.
1. Lack of Intent
One of the most common defenses in a homicide case is a lack of intent to kill. In New York, homicide charges, particularly murder, often require proof of intent. If the prosecution can’t establish that the defendant had the intent to kill, we may be able to argue that the defendant acted without premeditation, and the charge should be reduced from murder to manslaughter.
For example, if someone kills another person in a fit of rage but did not plan the death, the defense could argue that it was not intentional. Instead, the killing might be reduced to manslaughter in the first degree if the court finds that it was done under extreme emotional disturbance.
2. Self-Defense
Self-defense is another powerful defense strategy that we may use when defending against homicide charges. In New York, self-defense is a legitimate defense if the defendant reasonably believed they were in imminent danger of death or serious injury and used deadly force to protect themselves.
To successfully argue self-defense, we must demonstrate that the defendant’s response was proportionate to the threat they faced. In some cases, the prosecution may argue that the defendant was not in immediate danger, but if we can show that the defendant had no choice but to use deadly force to protect themselves, the charges may be reduced or dismissed.
3. Defense of Others
Similar to self-defense, the defense of others allows a person to use deadly force if they reasonably believe another person is in imminent danger of death or serious injury. If we can show that the defendant was trying to protect another person, the court may view the situation as one of justified homicide, leading to reduced charges or a complete acquittal.
4. Accident or Mistake
In some cases, we may argue that the killing was an accident. If the defendant did not intend to kill the victim, and the death occurred due to a mistake or mishap, we may be able to have the charges reduced to manslaughter or criminally negligent homicide.
For example, if someone shoots another person by accident while cleaning a gun, we may argue that the death was the result of negligence but was not a deliberate act. In this case, the charges could be downgraded from murder to manslaughter or criminally negligent homicide.
5. Alibi Defense
If the defendant was not at the scene of the crime when the homicide occurred, an alibi defense could be used. This involves providing evidence, such as witness testimony or surveillance footage, to show that the defendant was elsewhere when the crime happened. If we can prove that the defendant was not involved in the killing, we may be able to have the charges dropped.
6. Lack of Evidence
A lack of evidence is a defense strategy we often use in homicide cases. The prosecution is required to prove the defendant’s guilt beyond a reasonable doubt. If the prosecution fails to provide sufficient evidence to support the charges, we can argue for a dismissal or acquittal.
For example, if the prosecution’s case relies on circumstantial evidence or witness testimony that is unreliable, we may argue that there isn’t enough evidence to convict the defendant. In these situations, the jury may be instructed to acquit the defendant.
7. Involuntary Intoxication
In rare cases, a defendant may be able to argue that they were under the influence of drugs or alcohol at the time of the crime and were not aware of their actions. Involuntary intoxication may be used as a defense if the defendant was drugged or consumed alcohol without their knowledge or consent.
While this defense is difficult to prove, it could result in reduced charges or a verdict of not guilty by reason of insanity if the court determines that the defendant was unable to form the necessary intent to commit homicide.
What Happens During a Homicide Trial?
The process of defending against homicide charges in court is often long and challenging. As criminal defense attorneys, we work closely with our clients throughout the trial process, assuring they are prepared and that all possible defenses are presented.
Here’s an overview of what to expect during a homicide trial:
Pre-Trial Motions
Before the trial even begins, we may file motions to dismiss the charges, suppress evidence, or have certain statements excluded from the trial. These motions can significantly impact the trial’s outcome, and we work diligently to build a strong case before the trial starts.
Jury Selection
The next step is jury selection. During this process, both the defense and the prosecution select jurors who will hear the case. As a defense team, we aim to choose jurors who are likely to be sympathetic to our client’s case and who have no preconceived notions about the defendant’s guilt.
Opening Statements
After the jury is selected, the trial begins with opening statements. During this phase, both the defense and the prosecution outline their cases and provide an overview of the evidence they will present. As a criminal defense attorney, we aim to provide a compelling opening statement that frames our client’s case in the best light.
Presentation of Evidence
The prosecution will present its evidence first, followed by the defense’s case. During this phase, we present witness testimony, expert analysis, and other evidence that supports our client’s innocence or reduces their culpability. We may cross-examine prosecution witnesses to expose weaknesses in their testimony.
Closing Arguments
Once all the evidence is presented, both sides give their closing arguments. During this phase, we summarize the case and highlight the key evidence that supports our defense. We work hard to persuade the jury to find our client not guilty or to reduce the charges.
Jury Deliberation and Verdict
After closing arguments, the jury deliberates to reach a verdict. They must decide if the prosecution has proven the defendant’s guilt beyond a reasonable doubt. If the jury finds the defendant not guilty, the charges are dismissed, and the defendant is free. If the jury finds the defendant guilty, the case proceeds to sentencing.
Sentencing and Potential Outcomes
If the jury returns a guilty verdict, the next step is sentencing. In New York, homicide charges carry severe penalties. However, depending on the circumstances, the defendant may be eligible for reduced sentences. Factors such as the defendant’s criminal history, remorse, and cooperation with authorities can influence the final sentence.
As criminal defense attorneys, we work hard to advocate for the most lenient sentence possible, using all available mitigation evidence to argue for a reduced sentence or an alternative form of punishment.
Contact Us Today
If you or someone you know is facing homicide charges, it’s crucial to consult with a criminal defense attorney at James Hopkins Law Firm who can evaluate the case and determine the best defense strategies. Serving Central and Northern New York, including Syracuse, Cicero, Baldwinsville, Rome, Utica, Rochester, Oswego, Watertown, and beyond, our firm, has experience defending clients against all types of homicide charges. Reach out to us today for a consultation.