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FROM THE DEFENSE DESK / NEW YORK PENAL LAW
6 MAR 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW · VIOLENT CRIMES
DOCKET NO. 074 · THE DEFENSE DESK

New York Penal Law 125.26: Aggravated murder.

Learn about aggravated murder under New York Penal Law 125.26, including what constitutes the offense, who can be charged, penalties like life imprisonment, possible defenses, and how age or intent impact charges. Discover the importance of hiring a skilled NYC criminal attorney if facing aggravated murder allegations.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 6 MAR 2026 · 1 MIN READ
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Purposely causing the death of somebody means you may have a homicide charge. New York criminal code has a variety of offenses in terms of causing the death of somebody else, including not just homicide but also manslaughter and murder. Murder in the first degree and second degree, as well as aggravated murder, are the most serious homicide offenses. Each of these offenses is considered a class A-I felony, which can lead to a sentence of life in prison.

Aggravated Murder: Definition and Circumstances

You may be convicted of aggravated murder if you did any of the following:

  • Purposely caused the death of a police or peace officer while they were performing their duties. The defendant would also need to know that the person was a police officer or peace officer. A peace officer includes court officers, parole officers, probation officers, and youth division employees. If the police or peace officer was wearing a uniform, the defendant should reasonably know their role.
  • Purposely caused the death of a person who was performing their duties as an employee of a state correctional facility.
  • Purposely caused the death of somebody who was an ambulance driver, emergency medical technician, firefighter, paramedic, physician, or RN while they were performing duties in an emergency. The defendant would have to reasonably recognize the victim's role. For example, a firefighter would be wearing a uniform.
  • Caused the death of a person who was under the age of 14 by acting in a cruel way (torture, for example). The manner in which the defendant acted would have to have been intentional in order to cause harm. Torture refers to causing physical pain that is separate from the pain caused by the death itself.
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