03-01-2016, 07:41 PM
Well, I found the answer to why Ryan Lawrence isn't being charged with first degree murder of his baby girl. Kinda sucks.
![[Image: 877-After-Amber-Alert-for-New-York-Toddler-Police.jpg]](http://cdn.newsserve.net/i/20160223/877-After-Amber-Alert-for-New-York-Toddler-Police.jpg)
The maximum sentence for second-degree murder is 25 years to life in prison. The max sentence for first-degree murder is life without chance of parole.
But first-degree murder is rarely ever charged in New York state.
In fact, virtually all of the area's most notorious killers were tried on second-degree murder: Stacey Castor (convicted of killing one husband and accused of killing another husband with antifreeze), Steven Pieper (who strangled his girlfriend), James "Jeff" Cahill (who killed his wife with cyanide at University Hospital) and Robert Neulander (former doctor who killed his wife and tried to cover it up), to name a few. Each of them have a chance at parole after decades in prison.
What gives?
Under state law, every murder is a second-degree murder unless there's some special circumstance.
Second-degree murder simply states that the accused intended to kill a person and then killed that person.
That covers everything from pre-meditated murder to making the decision to kill a second before the murder is committed, Fitzpatrick explained this morning.
The DA noted that first-degree murder is reserved for murders of police officers, firefighters, emergency medical technicians, ambulance drivers, paramedics, physicians or registered nurses who are performing official duties as first responders. Murders of judges and corrections officers are also counted, as well as murders in which prison inmates were already serving life sentences.
The only other way to charge first-degree murder? To prove the murder happened during the commission of these specified crimes: robbery, burglary, kidnapping, arson and certain sex crimes.
But to charge first-degree murder, prosecutors likely would have to prove Ryan Lawrence kidnapped his own daughter and then intended to kill her sometime after the kidnapping. In other words, that the intent of the kidnapping was separate from the intent to kill her. So far, prosecutors believe she was abducted for the purpose of killing her.
Full piece: http://www.syracuse.com/crime/index.ssf/...death.html
The maximum sentence for second-degree murder is 25 years to life in prison. The max sentence for first-degree murder is life without chance of parole.
But first-degree murder is rarely ever charged in New York state.
In fact, virtually all of the area's most notorious killers were tried on second-degree murder: Stacey Castor (convicted of killing one husband and accused of killing another husband with antifreeze), Steven Pieper (who strangled his girlfriend), James "Jeff" Cahill (who killed his wife with cyanide at University Hospital) and Robert Neulander (former doctor who killed his wife and tried to cover it up), to name a few. Each of them have a chance at parole after decades in prison.
What gives?
Under state law, every murder is a second-degree murder unless there's some special circumstance.
Second-degree murder simply states that the accused intended to kill a person and then killed that person.
That covers everything from pre-meditated murder to making the decision to kill a second before the murder is committed, Fitzpatrick explained this morning.
The DA noted that first-degree murder is reserved for murders of police officers, firefighters, emergency medical technicians, ambulance drivers, paramedics, physicians or registered nurses who are performing official duties as first responders. Murders of judges and corrections officers are also counted, as well as murders in which prison inmates were already serving life sentences.
The only other way to charge first-degree murder? To prove the murder happened during the commission of these specified crimes: robbery, burglary, kidnapping, arson and certain sex crimes.
But to charge first-degree murder, prosecutors likely would have to prove Ryan Lawrence kidnapped his own daughter and then intended to kill her sometime after the kidnapping. In other words, that the intent of the kidnapping was separate from the intent to kill her. So far, prosecutors believe she was abducted for the purpose of killing her.
Full piece: http://www.syracuse.com/crime/index.ssf/...death.html