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Manslaughter DWI in New York City
Manslaughter is a serious criminal charge, and if it involves DWI the legal consequences become even more severe. In New York City, where traffic is dense and accidents are unfortunately common, incidents of intoxicated driving that result in death often lead to manslaughter charges.
What is Manslaughter?
Manslaughter is the unlawful killing of another person without premeditation or malice, distinguishing it from murder. New York Penal Law divides manslaughter into two degrees:
- Manslaughter in the First Degree (Penal Law 125.20): This charge involves recklessly causing the death of another person. In cases of DWI, the act may involve extreme indifference to human life, which can elevate the charge to first-degree manslaughter.
- Manslaughter in the Second Degree (Penal Law 125.15): This charge applies when a person causes a death while acting recklessly but without the heightened recklessness seen in first-degree manslaughter. DWI incidents often result in second-degree manslaughter charges if the driver’s reckless behavior — such as driving while impaired — results in a fatality.
Manslaughter DWI – Legal Considerations
When a DWI accident leads to a fatality, the driver will be charged with manslaughter. In these cases, the prosecution must demonstrate that the driver acted recklessly or with extreme indifference to human life. This could involve speeding, ignoring traffic signals, or exhibiting impaired judgment while under the influence. In New York City, where roads are often congested and accidents occur more frequently, the consequences of a manslaughter charge stemming from a DWI incident can be severe.
Recklessness means that the driver was aware of a substantial risk but consciously disregarded it, a crucial element to prove manslaughter in a DWI case. The prosecutor’s goal is to show that the driver’s intoxicated state caused or contributed significantly to the death. In New York, where surveillance footage, eyewitness testimony, and expert opinions are common, proving recklessness becomes a key aspect of the case.
Penalties in DWI Manslaughter Cases
The penalties for manslaughter resulting from a DWI conviction depend on the degree of manslaughter. A conviction for Manslaughter in the First Degree could result in a sentence of up to 25 years in prison. If convicted of Manslaughter in the Second Degree, the defendant still faces up to 15 years in prison. In addition to the manslaughter sentence, the defendant will face the typical penalties for a DWI conviction, including license suspension, fines, and mandatory alcohol counseling.
We Are Your Key To Defending Manslaughter DWI
Manslaughter DWI cases are among the most serious offenses a driver can face in New York City. When a fatal accident occurs due to intoxicated driving, the driver may not only be charged with DWI but also with manslaughter, a felony with severe consequences. The legal system treats these cases with utmost seriousness, and defendants should understand that they may face significant prison time and other life-altering penalties if convicted. Legal representation is critical in these cases, as experienced attorneys can help challenge the prosecution’s evidence and potentially reduce the severity of the charges.
Contact us today to schedule a consultation with one of our experienced New York City DWI Attorneys. Let us fight for you and help you get the second chance you deserve. Your future is too important to leave to chance — trust us to be by your side every step of the way. Call 917-519-8417 to consult with an experienced NYC DWI Attorney.
Read Our Clients’ Testimonials
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Martin B.
Excellent Attorney
Michael is an excellent Attorney. He was able to get my case dismissed. He listened to what I had for say and applied it to my defense.Read more -
Robert Z.
Absolute Top-Notch Criminal Defense Lawyer
This review comes from someone with a law degree from NYC. I landed on Michael after a thorough review online of his background and DWI experience. It's hard to think where my life and career would be right now if I entrusted my case (which involved an aggressive NYPD traffic stop leading to a DWI charge) to any other lawyer I considered. Michael displayed the perfect combination of factors: he aggressively defended me, respectfully contested any and all prosecutorial overstepping, understood exactly how/where their case was weak, and all the while kept me at ease in an otherwise stressful situation. And that was no easy task - my case kept getting adjourned because the prosecution was never ready. And while I wasn't thrilled that the court kept making me appear (over a year and half - one of the longest cases on the docket), Michael was there for me every step of the way. What did all that amount to? A DWI charge reduced to community service - no probation, no suspension, no major disruption to my life. While you must keep in mind that every case is different, one sure guarantee is that if Michael takes your case, he WILL defend you to the fullest. By the end, I considered Michael a friend as much as a lawyer.
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Maggie C.
“I chose to go to law school because I thought that someday, somehow I’d make a difference”, a quote by Christopher Darden
When I read this I immediately thought of Michael and my experience with him. I didn’t know Michael prior to needing legal advice and representation. I did exactly what you are doing now, reading the reviews attorneys received from their client in determining if this was the right choice for my situation. Once meeting and consulting with Michael about my legal situation, (potential DWI) I knew he was the right lawyer to represent me. At the end of 10 months of going through the process of court dates and hearing, he came through, even when I started to think the outcome would not result in my favor. Before trail he met with the DA, and did make a BIG difference, reducing a potential DWI misdemeanor conviction to a traffic violation. My advice to you, choose Michael, listen to his counsel, go through the process and don’t lose faith because his goal is to “make a difference” on your behalf. Thanks again Michael!
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Noel R.
Michael was always honest which is key, professional and most importantly he got the job done. My case was won and I couldn't be happier. I would definitely suggest him.
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Anonymous
Great Lawyer
Mike helped me out with a DUI case i was involved with. He was informative and extremely good his job. Facing some serious charges he was able to help me with being charged for an infraction. The fine was reduced and i will have to take a class. Unfortunately, my license will be suspended but he was able to get a stay for 20 days so i can work and figure out what i will have to do for the future running my business. I highly recommend Mr. Discioarro.
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Richard H.
Excellent Lawyer | DWI Case
Michael is truly the best at what he does. Great guy, very down to earth, straight forward and upfront. He makes the most stressful situations feel very light. After some research online, i found him and read some reviews that prompted me to set up a meeting resulting in me hiring him. After my dwi, my car was impounded. He helped me get it back very quickly and was in contact with me every step of the way. He reponded to any questions, messages, or phone calls in a timely fashion. After many court dates, my case eventually got dismissed thanks his dedication and hard work. I would highly recommend him.
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Jerry C.
Great Guy, Greater Lawyer
Michael is a great man and more specifically a great lawyer, after being arrested for a DWI in New York, I thought I was done for and I would have to spend time in jail. Michael helped me through the entire process, showing me what I needed to do to beat the case as best as possible. He was upfront and honest with me and told me what will happen and how things were to turn out. I did what I had to do, going through an alcohol program, fixing my driver's license and showing up for ever court appearance. After numerous court appearances, the case was dropped down to a traffic infraction. I felt relieved and happy to know that I only had to pay a $300 fine. I've kept in contact with Mike ever since and even referring him to others that got caught up one night. Thanks again Michael
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