TXAG 05 said:
MarkTwain said:
Im Gipper said:
aggiehawg said:
New York gun laws.
You can't use "New York gun laws" as the underlying felony to convict a non-shooter of felony murder.
Murder 1 is NY's equivalent to Capital Murder. Had he killed a child or raped and killed or killed during a robbery it would fall into murder 1 category. In NY Murder 2 is equivalent to premeditated murder in Texas.
He'll be charged with murder 2 and that's that. In New York, the punishment for second-degree murder is 15 years to life in prison. However, the sentence depends on several factors. Don't think any apply here. He's toast and will grow old in prison
Why not 1st degree? It seems like they could prove it was premeditated and intended to kill him.
Murder 2 is premeditated
Murder 1 is equivalent to capital murder
New York state has several levels of murder, including:
First-degree murder
The most serious homicide charge, with the possibility of life in prison without parole or even the death penalty. This charge applies to the killing of a police officer, firefighter, judge, peace officer, or other first responder. It can also apply to certain types of felony murder.
Second-degree murder
A serious charge that involves intentional killing without the specific aggravating factors required for first-degree murder. This is the most commonly charged murder.
Third-degree murder
A lesser form of homicide.
Aggravated murder
A charge that applies in certain circumstances, such as intentionally killing a first responder or a person under the age of 14 in a particularly cruel way.
Felony murder
A death that occurs during the commission of certain felonies. If the death occurs without intent to kill, it's second-degree murder. If the death occurs with intent to kill, it's first-degree murder.
Other homicide-related charges in New York include manslaughter and vehicular manslaughter.
People sleep peaceably in their beds at night only because hard men stand ready to do violence on their behalf.