The line between manslaughter and murder
The difference is mostly about state of mind. Many states divide manslaughter into voluntary, often an intentional killing under provocation or sudden passion, and involuntary, usually a death caused by recklessness or gross carelessness. New York uses degrees instead. Manslaughter in the second degree generally involves recklessly causing a death, and the first degree generally covers causing a death while intending serious physical injury, along with certain other situations. A case charged as murder can end up being considered as manslaughter, and the reverse can happen too, so the label on the first paperwork is a starting point rather than a conclusion.
Causation and the evidence
The prosecution has to show that the conduct actually caused the death, and that is not always simple. Medical examiner findings, the course of medical treatment, pre-existing conditions, and other events in between can all bear on causation. The defense often needs its own retained pathologist or reconstruction witness to review the findings rather than accept the official summary. Scene evidence, video, 911 recordings, and phone data are time sensitive. If justification is in play, the order of events in the seconds before the death becomes the center of the case.
Where the first meeting goes
We find out exactly what the charge alleges, whether a grand jury has acted, and what custody or release status looks like. We ask whether you have given any statement, to whom, and whether it was recorded. We talk about who should and should not be contacted, and we explain that calls and visits at a detention facility are generally monitored. Family members often reach us first; we can explain the process to them, but what the person charged tells us stays between that person and counsel. We also identify which records and retained reviewers the manslaughter defense will need, so that requests go out while the evidence still exists.
