Buffalo Murder Defense Lawyer
At Trbovich Law Firm, we understand the gravity of facing murder charges in Buffalo, New York. Our team of dedicated murder defense lawyers and homicide defense attorneys are committed to providing robust legal representation for those accused of these most serious offenses. With years of experience navigating the complex legal landscape of homicide cases, we stand ready to protect your rights and fight for your future. Contact us immediately to protect your rights.
What are Murder Charges in New York?
Murder and homicide criminal charges in New York State are among the most severe criminal accusations one can face. The legal system classifies homicide offenses into several categories, each carrying its own set of potential consequences. As your murder defense attorney or homicide defense lawyer, we are well-versed in these classifications and their legal implications:
First-Degree Murder (NY Penal Law § 125.27)
This is the most serious homicide charge in New York. It typically involves:
- Intentional killing of a police officer, peace officer, or first responder
- Murder committed during the course of another felony
- Contract killings or murder-for-hire
- Multiple murders
- Torture murders
- Terrorism-related killings Penalty: First-degree murder is a class A-I felony, punishable by life imprisonment without the possibility of parole.
Second-Degree Murder (NY Penal Law § 125.25)
This charge covers intentional killings that don't meet the specific criteria for first-degree murder. It includes:
- Intentional murder (with intent to cause death)
- Depraved indifference murder (recklessly engaging in conduct that creates a grave risk of death)
- Felony murder (death caused during the commission of certain felonies) Penalty: Second-degree murder is a class A-I felony, punishable by 15-25 years to life in prison.
Manslaughter: a) First-Degree Manslaughter (NY Penal Law § 125.20)
b) Second-Degree Manslaughter (NY Penal Law § 125.15):
- Causing death with intent to cause serious physical injury
- Causing death while under extreme emotional disturbance
- Assisted suicide Penalty: First-degree manslaughter is a class B felony, punishable by 5-25 years in prison.
- Recklessly causing the death of another person
- Intentionally causing or aiding another person to commit suicide Penalty: Second-degree manslaughter is a class C felony, punishable by 3-15 years in prison.
Criminally Negligent Homicide (NY Penal Law § 125.10)
This occurs when a person causes the death of another person through criminal negligence.
Penalty: Criminally negligent homicide is a class E felony, punishable by up to 4 years in prison.
As your murder defense lawyer or homicide defense attorney, we will meticulously examine the specifics of your case to determine which category of offense you're facing and develop the most effective defense strategy. Our approach is tailored to the unique circumstances surrounding your situation, ensuring that every legal avenue is explored in your defense.
How a Murder Defense Lawyer Can Help
How a Murder and Homicide Defense Lawyer Can Help
At Trbovich Law Firm, we understand that facing murder charges can be overwhelming. As your dedicated murder defense lawyers and homicide defense attorneys, we bring our extensive experience and resources to your case. Here's how we can help:
Immediate Legal Intervention
From the moment you engage our services, we spring into action. We ensure that your rights are protected during police questioning and any subsequent legal proceedings. Our prompt intervention can often influence the direction of the case, potentially leading to reduced criminal charges or even case dismissal.
Thorough Murder Case Investigation
We leave no stone unturned in investigating your case. Our team examines crime scene evidence, reviews police reports and procedures, identifies and interviews witnesses, analyzes forensic evidence, and consults with expert witnesses when necessary.
Strategic Murder Charge Defense Planning
Based on our investigation, we develop a tailored defense strategy. This may involve challenging the prosecution's evidence, presenting alternative theories of the crime, establishing alibis, demonstrating lack of intent or knowledge, or arguing self-defense or defense of others.
Negotiation with Prosecutors
In some cases, negotiating with prosecutors may be in your best interest. As your murder defense attorneys, we leverage our negotiation skills to potentially have charges reduced, secure plea deals with more favorable terms, or advocate for alternative sentencing options.
Courtroom Representation
If your case goes to trial, our experienced homicide defense lawyers will vigorously defend you in court. We present compelling opening and closing arguments, cross-examine prosecution witnesses, present defense witnesses and evidence, object to inadmissible evidence or improper procedures, and ensure your constitutional rights are protected throughout the trial.
Handling Complex Legal Procedures
Murder and homicide cases often involve intricate legal procedures. Our criminal lawyers navigate these complexities on your behalf, including filing necessary motions (e.g., motions to suppress evidence), representing you at bail hearings, ensuring proper jury selection, and handling appeals if necessary.
Providing Emotional Support
We understand the emotional toll of facing such serious charges. Throughout your case, we provide clear communication about your case status and options, realistic expectations about potential outcomes, and a supportive environment for you and your family.
Mitigating Murder Conviction Sentencing
If a criminal conviction cannot be avoided, we work tirelessly to secure the most favorable sentencing possible. This may involve presenting mitigating factors to the court, arguing for minimum sentences, or exploring alternative sentencing options.
Protecting Your Future
Beyond the immediate case, our criminal lawyers consider the long-term implications of the charges. We strive to minimize the impact on your future by protecting your reputation, considering potential collateral consequences, and advising on post-conviction options if necessary.
Possible Defenses to Murder Charges
At Trbovich Law Firm, our murder defense lawyers and homicide defense attorneys are well-versed in a wide range of defense strategies for murder cases. We carefully evaluate each case to determine the most effective approach. Here are some possible defenses we may consider:
Self-Defense or Defense of Others
In some cases, the use of deadly force may be justified if it was necessary to protect oneself or others from imminent danger of death or serious bodily harm. Your criminal attorney meticulously examine the circumstances surrounding the incident to build a compelling case for self-defense or defense of others.
Lack of Intent
Murder charges often require proof of intent to kill. Your criminal defense attorney may argue that while our client's actions may have resulted in a death, there was no intention to cause fatal harm. This defense can potentially lead to reduced charges, such as manslaughter.
Alibi
If we can prove that our client was elsewhere at the time the crime was committed, this can be a powerful defense. We thoroughly investigate and corroborate alibi claims using witness testimonies, surveillance footage, electronic records, and other forms of evidence.
Mistaken Identity
In some cases, eyewitness identifications can be unreliable. Your criminal defense attorney may challenge questionable identifications and work to demonstrate the possibility that someone else committed the crime.
Insanity or Diminished Capacity
If our client was suffering from a mental illness or defect at the time of the incident, we may pursue an insanity defense or argue for diminished capacity. This involves working with mental health professionals to evaluate our client's state of mind during the alleged crime.
Insufficient Evidence
We scrutinize the prosecution's evidence, looking for weaknesses, inconsistencies, or gaps. If the evidence is insufficient to prove guilt beyond a reasonable doubt, we push for dismissal or acquittal.
Violation of Constitutional Rights
If law enforcement violated our client's constitutional rights during the investigation or arrest, we may move to have certain evidence suppressed or the case dismissed. This can include challenging illegal searches, coerced confessions, or violations of Miranda rights.
Accidental Death
In some situations, we may argue that the death was the result of a tragic accident rather than an intentional act. This defense can be particularly relevant in cases involving vehicular homicide or unintentional discharge of a firearm.
Plea to Lesser Charges
In certain circumstances, negotiating a plea agreement to lesser charges may be in our client's best interest. We skillfully negotiate with prosecutors to potentially reduce murder charges to manslaughter or other less severe offenses.
Potential Consequences of Murder and Homicide Charges
The potential consequences of a murder conviction in New York are severe and life-altering. Depending on the specific charges and circumstances, penalties may include:
- Life imprisonment without the possibility of parole
- Lengthy prison sentences
- Substantial fines
- Permanent criminal record
Given these high stakes, it's crucial to have a murder defense lawyer or homicide defense attorney who will fight tirelessly to protect your rights and freedom. At Trbovich Law Firm, we are committed to pursuing the best possible outcome for your case, whether that means seeking a dismissal of charges, negotiating a plea deal, or vigorously defending you at trial.
What To Do If Charged With Murder in Buffalo, New York
If you find yourself charged with murder in Buffalo, New York, it's crucial to take immediate and careful action to protect your rights and begin building your defense. At Trbovich Law Firm, we advise the following steps:
Remain Silent
Exercise your right to remain silent. Anything you say can be used against you in court. Politely inform law enforcement that you will not answer questions without your attorney present.
Request an Attorney Immediately
Ask for a murder defense lawyer as soon as possible. Do not discuss your case with anyone except your attorney. At Trbovich Law Firm, we're available 24/7 to start protecting your rights from the moment you're charged.
Do Not Resist Arrest
Even if you believe the charges are unfounded, do not resist arrest. Complying with law enforcement can prevent additional charges and complications in your case.
Preserve Evidence
If possible, preserve any evidence that might be relevant to your case. This could include clothing, digital communications, or any other items related to the alleged incident. Do not tamper with evidence, but ensure it's not destroyed or discarded.
Document Everything
Begin documenting everything you remember about the events surrounding the alleged crime. Write down names of potential witnesses, your whereabouts at the time of the incident, and any other details that might be relevant. This information can be crucial for your murder defense attorney.
Avoid Discussing Your Case
Refrain from discussing your case with anyone other than your homicide defense lawyer. This includes family, friends, and especially cellmates if you're in custody. Any of these conversations could potentially be used against you.
Stay Off Social Media
Avoid posting anything on social media about your case or the charges against you. Even seemingly innocent posts could be misconstrued and used by the prosecution.
Comply with Court Orders
Attend all court appearances and comply with any conditions set by the court. Failure to do so could result in additional charges or the revocation of bail if it has been granted.
Prepare for a Long Process
Murder cases can be complex and time-consuming. Prepare yourself mentally for a potentially lengthy legal process. Your Buffalo criminal defense lawyer will guide you through each stage.
Trust Your Criminal Defense Attorney
As your murder defense lawyers, we at Trbovich Law Firm will work tirelessly to build the strongest possible defense for your case. Trust in our experience and follow our legal advice closely.
The Importance of Immediate Legal Representation After Being Charged with Murder
If you are under investigation for or have been charged with murder in Buffalo, it is crucial to secure legal representation as soon as possible. Early intervention by a murder defense attorney or homicide defense lawyer can make a significant difference in the outcome of your case. By engaging our services promptly, we can:
- Protect your rights during police questioning
- Ensure that proper procedures are followed during searches and evidence collection
- Begin building your defense strategy immediately
- Potentially influence the charges filed against you
At Trbovich Law Firm, we understand the urgency of your situation and are prepared to act swiftly to safeguard your interests.
What To Expect After Being Charged with Murder in Buffalo
If you've been charged with murder in Buffalo, New York, understanding the court process can help alleviate some of the uncertainty you're facing. At Trbovich Law Firm, we guide our clients through each step of this complex journey. Here's an overview of what you can expect:
Arrest and Booking
The process typically begins with an arrest, followed by booking at a local law enforcement facility. During booking, your personal information will be recorded, and you'll be fingerprinted and photographed.
Arraignment
Within 24 hours of arrest, you'll appear before a judge for arraignment. This is your first court appearance where the charges against you will be formally read. The judge will ask for your plea (guilty, not guilty, or no contest). As your murder defense lawyers, we typically advise pleading not guilty at this stage to preserve all your legal options.
Bail Hearing
During or shortly after arraignment, a bail hearing will be held. The judge will determine whether to set bail and, if so, the amount. For murder charges, bail is often high or may be denied altogether. As your homicide defense attorneys, we'll argue for reasonable bail terms if appropriate.
Grand Jury Proceedings
In New York, felony charges like murder typically proceed to a grand jury. This is a secret proceeding where the prosecutor presents evidence to determine if there's enough cause to bring the case to trial. Your defense team cannot present evidence at this stage, but we can advise you on whether to testify if asked.
Pre-Trial Motions and Hearings
Your Buffalo criminal defense lawyer will file various pre-trial motions, which may include:
- Motion to dismiss the charges
- Motion to suppress evidence
- Motion for discovery (to obtain evidence from the prosecution) Hearings may be held to argue these motions before a judge.
Plea Bargaining
While not always applicable in murder cases, there may be opportunities for plea negotiations. As your murder defense attorney, we'll discuss any offers from the prosecution and advise you on whether they're in your best interest.
Trial Preparation
If the case proceeds to trial, we'll engage in extensive preparation. This includes:
- Reviewing all evidence
- Interviewing witnesses
- Consulting with experts
- Developing trial strategy
Trial
A murder trial can last several weeks. The main phases include:
- Jury selection
- Opening statements
- Prosecution's case
- Defense's case
- Closing arguments
- Jury instructions
- Jury deliberation and verdict
As your homicide defense lawyers, we'll vigorously represent you throughout the trial, challenging the prosecution's evidence and presenting a compelling defense.
Sentencing
If there's a guilty verdict, a separate sentencing hearing will be held. We'll present mitigating factors to argue for the most lenient sentence possible under the circumstances.
Appeals
If convicted, you have the right to appeal. The appeals process involves reviewing the trial record for legal errors that may have affected the outcome. We can guide you through this process if necessary.
The Trbovich Law Firm Difference
When you choose Trbovich Law Firm as your murder defense attorney or homicide defense lawyer in Buffalo, you're selecting a team that is:
- Committed to your case: We dedicate substantial time and resources to each client we represent.
- Experienced in high-stakes criminal defense: Our attorneys have handled numerous murder and homicide cases and understand the nuances of defending against these serious charges.
- Skilled in negotiation and litigation: Whether working to reduce charges or presenting your case in court, we have the skills necessary to advocate effectively on your behalf.
- Compassionate and supportive: We understand the emotional toll of facing murder charges and provide support throughout the legal process.
- Local knowledge: As a Buffalo criminal defense lawyer, we have in-depth knowledge of the local court system, prosecutors, and judges.
Challenging the Prosecution's Case
As your murder defense attorney or homicide defense lawyer, one of our primary roles is to challenge the prosecution's case against you. This involves:
- Scrutinizing the evidence: We will carefully examine all physical evidence, witness statements, and expert testimonies to identify weaknesses or inconsistencies.
- Questioning witness credibility: Our team will investigate the backgrounds of key witnesses and challenge their testimonies if appropriate.
- Analyzing forensic evidence: We work with independent experts to review and potentially contest forensic findings presented by the prosecution.
- Exploring constitutional issues: If your rights were violated during the investigation or arrest, we will move to have evidence suppressed or charges dismissed.
By meticulously examining every aspect of the prosecution's case, we aim to create reasonable doubt and secure the most favorable outcome possible for our clients.
The Importance of Forensic Evidence in Murder and Homicide Cases
Forensic evidence often plays a crucial role in murder and homicide cases. As your murder defense lawyer or homicide defense attorney, we will:
- Engage independent forensic experts to review the prosecution's evidence
- Ensure that all forensic testing procedures were conducted properly
- Challenge any questionable forensic conclusions
- Present alternative interpretations of forensic evidence when applicable
Our understanding of forensic science and its application in criminal cases allows us to effectively counter the prosecution's scientific evidence and strengthen your defense.
Protecting Your Rights Throughout the Legal Process
From the moment you engage Trbovich Law Firm as your murder defense attorney or homicide defense lawyer, we will work diligently to protect your constitutional rights. This includes:
- Ensuring that you are not compelled to incriminate yourself
- Challenging any unlawful searches or seizures
- Advocating for fair bail terms
- Protecting your right to a speedy trial
- Ensuring that you receive a fair and impartial jury if your case goes to trial
Our commitment to safeguarding your rights is unwavering, and we will vigorously contest any violations that may have occurred during the investigation or legal proceedings.
Contact Trbovich Law Firm Today
If you or a loved one is facing murder charges in Buffalo, New York, time is of the essence. Contact Trbovich Law Firm immediately to speak with a murder defense lawyer or homicide defense attorney who can begin protecting your rights and building your defense strategy. Our team is available 24/7 to address your urgent legal needs.
Buffalo Murder Defense Lawyer FAQs
How long does a murder trial typically last in Buffalo, New York?
The duration of a murder trial can vary significantly depending on the complexity of the case, the number of witnesses, and the amount of evidence. In Buffalo, a typical murder trial might last anywhere from two to six weeks. However, some cases can take even longer. As your murder defense lawyers, we'll work to ensure the trial proceeds efficiently while still thoroughly presenting your defense.
Can I get bail if I'm charged with murder in Buffalo?
Bail for murder charges in Buffalo is possible but not guaranteed. The court considers factors such as the strength of the evidence, your ties to the community, and your criminal history. As your homicide defense attorneys, we'll advocate strongly for reasonable bail terms, but it's important to be prepared for the possibility of being held without bail, especially in first-degree murder cases.
What's the difference between a public defender and a private murder defense attorney?
While public defenders are dedicated professionals, they often have high caseloads that can limit the time and resources they can devote to each case. As private murder defense lawyers, we at Trbovich Law Firm can offer more personalized attention, dedicate more resources to your case, and often have more experience specifically in murder defense. We have the flexibility to bring in specialized experts and invest significant time in building your defense strategy.
How does New York's discovery law affect my murder case?
New York's reformed discovery law requires prosecutors to share all evidence with the defense within 20 days of arraignment for defendants in custody, or 35 days for those not in custody. This includes police reports, witness statements, and any other relevant information. As your Buffalo criminal defense lawyer, we'll thoroughly review all discovery materials to build the strongest possible defense.
Can a murder conviction in Buffalo be expunged or sealed?
In New York, murder convictions cannot be expunged or sealed. This underscores the importance of mounting a strong defense from the start. Our goal as your murder defense attorney is to prevent a conviction altogether, as the consequences are severe and long-lasting.
What if the murder I'm accused of crossing state lines?
If the alleged murder involved crossing state lines, it could become a federal case. This would move the trial to federal court and potentially involve more severe penalties. As your homicide defense lawyers, we have experience in both state and federal courts and can adapt our defense strategy accordingly.
How does New York's "castle doctrine" apply to murder charges?
New York's "castle doctrine" can provide a defense in cases where someone uses deadly force against an intruder in their home. However, the law requires that the resident reasonably believe that deadly force is necessary to prevent or terminate the commission of a burglary. As your murder defense lawyers, we'll carefully evaluate whether this doctrine applies to your case and how best to incorporate it into your defense strategy if relevant.
What should I do if I'm asked to take a polygraph test?
If law enforcement asks you to take a polygraph test, we strongly advise you to consult with us first. Polygraph results are generally not admissible in New York courts, and taking one rarely benefits the defendant. As your murder defense attorney, we can help you understand the potential risks and make an informed decision.
How does mental health factor into a murder defense?
Mental health can play a significant role in murder cases. It may factor into defenses such as insanity or diminished capacity, or it could be a mitigating factor in sentencing. As your homicide defense lawyers, we work with mental health professionals when appropriate to evaluate your mental state and determine how it might impact your case.
What sets Trbovich Law Firm apart in handling murder cases in Buffalo?
At Trbovich Law Firm, we bring a combination of deep local knowledge, extensive experience in murder cases, and a commitment to personalized, aggressive defense. We understand the nuances of the Buffalo court system, have relationships with local experts and investigators, and dedicate substantial resources to each case. Our approach is always tailored to the specific circumstances of your case, and we fight tirelessly to protect your rights and freedom.