The "maximum penalty possible for murder in first degree and murder in the second degree as an act of terrorism is life without parole," said Manhattan District Attorney Alvin Bragg.
The definition of “terrorism” is more specific under NY law than federal. The specific definition related to a first degree murder charge is:
(b) for purposes of subparagraph (xiii) of paragraph (a) of subdivision one of section 125.27 of this chapter means activities that involve a violent act or acts dangerous to human life that are in violation of the criminal laws of this state and are intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or coercion; or
(iii) affect the conduct of a unit of government by murder, assassination or kidnapping.
It seems extremely unlikely they’d be able to get any of these to stick, and none of the other cases under which someone may be convicted of first degree murder apply here, hands down. This is why the second degree murder charge, because first degree murder is almost certain to be unsuccessful for the prosecution.
The definition of “terrorism” is more specific under NY law than federal. The specific definition related to a first degree murder charge is:
(b) for purposes of subparagraph (xiii) of paragraph (a) of subdivision one of section 125.27 of this chapter means activities that involve a violent act or acts dangerous to human life that are in violation of the criminal laws of this state and are intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or coercion; or
(iii) affect the conduct of a unit of government by murder, assassination or kidnapping.
It seems extremely unlikely they’d be able to get any of these to stick, and none of the other cases under which someone may be convicted of first degree murder apply here, hands down. This is why the second degree murder charge, because first degree murder is almost certain to be unsuccessful for the prosecution.