It is defined as the intentional killing of a person without justification with one of the following aggravating factors: A defendant under the age of 18 cannot be charged with first-degree murder.
First-degree murder is punishable by 20 to 40 years in prison, or life imprisonment without the possibility of parole.
[6] The New York version of the rule provides that a death occurring during the commission of certain felonies, without the intent to kill, becomes second degree murder, and with intent to kill, becomes first degree murder.
A defendant can be charged with second-degree murder when they committed or attempted to commit one of the following felonies, regardless of intent to kill, causing someone's death, and they can be charged with first-degree murder when the defendant had intent to kill:[6] The rule also provides an affirmative defense.
[7] The defendant has an affirmative defense if the crime was committed in a group and they: The sentences for homicide offenses in New York are listed below.