Legal Question in Criminal Law in New York

mom needs help

my son got in a fight when he was 17 the police picked him up from school to ? him.he confessed to killing the other party involved.he didnt have a lawyer or his parents they took him back to school a year later they arressted him on 2nd degree murder can they charge him as an adult or child an if it was reduced to manslaughter what kind of sentence will he face


Asked on 10/24/07, 10:12 pm

2 Answers from Attorneys
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: mom needs help

17 is an "adult" under NY Penal Law. To avoid any further danger to his defense, it is important that he now have a lawyer before any further steps are taken. Maximum sentences depend on the degree of the crime. Murder = 25 to Life. 1st degree Manslaughter = 25 years. 2nd degree Manslaughter = 15 years. Criminally Negligent Homicide = 4 years. Feel free to contact my office directly with any further inquiry.

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Answered on 10/24/07, 10:38 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: mom needs help

There are a number of scenarios that can come into play here. If your son does not already have an experienced criminal defense attorney he needs to get one now and not say anything, until he consults with his lawyer. Your son's age will not change the fact that he will be prosecuted as an adult for murder. With a manslaughter conviction your son's age could play a role in determining the range of possible sentences (I would require more information before I can give you a better idea of what those sentences may be). Please feel free to contact my office if we may be of any assistance to you in this matter.

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Answered on 10/24/07, 10:42 pm


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