Homicide

Homicide Attorney in Westchester County

Former Westchester County Prosecutors Ready from Day One

A homicide charge brings the full weight of the government against you from the first moment of investigation. The Westchester County District Attorney’s Office assigns its most experienced prosecutors to these cases and begins building its theory long before an arrest. At Portale Randazzo LLP, we defend clients charged with homicide and all related violent offenses throughout Westchester County, and we start working immediately.

Two of our founding partners, Richard Portale and James Randazzo, built their early careers inside the Westchester County DA’s Office. They know how these prosecutions are constructed because they constructed them. That institutional knowledge shapes every decision we make on a homicide defense.

When you need a dedicated homicide attorney in Westchester County, Portale Randazzo LLP is ready to provide the aggressive defense your case demands. Call (914) 875-2065 or contact us online today.

Homicide Cases We’ve Defended

Richard Portale defended Angelika Graswald in a murder prosecution widely regarded as a strong case for the government. The defense achieved a resolution to Criminally Negligent Homicide. The case drew national attention from Netflix, Dateline NBC, ABC News 20/20, Fox News, and Good Morning America. Mr. Portale also defended James Pileggi, an off-duty police officer prosecuted for a fatal shooting. That case ended in a hung jury and mistrial.

These aren’t hypothetical outcomes. They reflect what can happen when a defense team understands how prosecutions are built and knows how to dismantle them. Retaining a homicide attorney before charges are formally filed can be critical. Early engagement during the investigation phase may affect what the grand jury ultimately sees.

New York Homicide Charges Handled in Westchester County

New York Penal Law establishes a range of homicide offenses, each defined by the defendant’s mental state at the time of the alleged act. We handle the full spectrum, including:

Criminally Negligent Homicide: A Class E Felony based on criminal negligence rather than intent
Manslaughter in the Second Degree: A Class C Felony involving reckless conduct
Manslaughter in the First Degree: A Class B Violent Felony; intent to cause serious injury, not death, is the distinguishing element from murder
Vehicular Manslaughter and Aggravated Vehicular Homicide: Charges arising from fatal incidents involving impaired or reckless driving
Murder in the Second Degree: A Class A-I Felony covering intentional killing, depraved indifference to human life, and felony murder
Murder in the First Degree: A Class A-I Felony covering specified aggravated circumstances

The distinction between murder and manslaughter turns primarily on intent. Whether the prosecution can establish that the defendant acted with intent to cause death, rather than recklessness or intent to cause serious injury, is often the central legal question in a Westchester County homicide case. Federal homicide charges carry separate exposure and, in limited circumstances, may include the death penalty.

The Former-Prosecutor Advantage in Homicide Defense

Richard Portale began his legal career in the Narcotics and Gangs Bureaus of the Westchester County District Attorney’s Office, where he developed an unblemished conviction record. James Randazzo served as an Assistant District Attorney in Westchester County from 1989 through 1995, trying more than 30 cases to verdict. When they sit across the table from a prosecutor today, they understand the playbook being used against their client.

Inside Knowledge of How Prosecutions Are Built

Former prosecutors understand how the DA’s office evaluates forensic evidence, selects witnesses, and constructs a theory of the case. That experience gives the defense a practical advantage in anticipating and countering those moves before they land at trial.

Homicide prosecutions rely heavily on forensic evidence: DNA analysis, blood stain pattern analysis, ballistics, gunshot residue, and crime scene reconstruction. A defense team that understands how that evidence is gathered, evaluated, and presented is positioned to challenge it where it matters most. We bring over 150 years of combined litigation experience and prepare every matter for trial from day one.

Investigative Experience from the Inside

Michael K. Duffy adds another layer. A former police officer for the City of White Plains who served in both the Patrol and Detective Divisions and received 33 awards for excellent police work, Mr. Duffy went on to serve as Chief Investigator for the Westchester County District Attorney’s Office, heading a squad of 38 investigators covering organized crime, financial crime, public integrity, and the High Intensity Drug Trafficking Area unit for Westchester County. He knows how investigations are run from the inside.

Recognition and National Profile

Richard Portale has been selected to Super Lawyers every year from 2018 through 2026 and received the American Institute of Trial Lawyers Litigator of the Year award in Criminal Law in 2019. The National Trial Lawyers recognized him as a Top 100 Trial Lawyer in 2015, 2016, and 2018. His commentary has appeared on Fox News, CNN, Dateline NBC, ABC News 20/20, CBS News 48 Hours, Good Morning America, Netflix, The New York Times, The Wall Street Journal, and People Magazine.

Louis Fasulo has been selected to Super Lawyers every year from 2018 through 2026 and has served as Director of Advocacy at the Elizabeth Haub School of Law at Pace University for twenty years, with adjunct faculty appointments at Fordham, St. John’s, and Stetson University. Parker Bagley was named a Super Lawyer for over 10 consecutive years.

Our team operates by four principles that define how we approach the highest-stakes cases:

Awake and Always Ready: Fully engaged and prepared to identify the right moment and act decisively in and out of the courtroom
Purpose-Driven Advocacy: Your case, your outcome, and your future guide every strategy we build
Unbreakable Resolve: Grit, resilience, and determination in every fight, no matter how complex or high-stakes
Integrity-Led Representation: Accountability, honesty, and loyalty to what is right, guided by principle, not pressure

Speak with a Homicide Attorney Serving Westchester County

If you’re facing a homicide investigation or charge anywhere in Westchester County, including White Plains, Yonkers, Mount Vernon, New Rochelle, or the surrounding communities, don’t wait for the prosecution to build its case unchallenged. We’re available around the clock to take your call or accept an online inquiry. Our team appears in Westchester County Court and in federal court, and both founding partners prosecuted felonies in this jurisdiction before switching sides.

Contact Portale Randazzo LLP now at (914) 875-2065 to speak with a homicide attorney serving Westchester County. We’re available 24/7.

New York Homicide Penalties: What You Could Be Facing

Every homicide charge in New York carries a felony designation, and sentencing exposure varies significantly by charge level. The following reflects statutory ranges under New York Penal Law and is not a prediction for any individual case.

Criminally Negligent Homicide (Class E Felony): Maximum 4 years in state prison
Aggravated Criminally Negligent Homicide (Class C Felony): Maximum 15 years in prison
Manslaughter in the Second Degree (Class C Felony): Minimum 1 to 3 years, maximum 5 to 15 years
Manslaughter in the First Degree (Class B Violent Felony): Mandatory minimum 5 years, maximum 25 years
Aggravated Vehicular Homicide (Class B Felony): Maximum 25 years
Murder in the Second Degree (Class A-I Felony, NY PL 125.25): Maximum life in prison
Murder in the First Degree (Class A-I Felony, NY PL 125.27): Maximum life in prison; in certain federal circumstances, the death penalty may apply

Beyond incarceration, a conviction carries collateral consequences affecting employment, professional licensing, and civil standing. The charge level at indictment isn’t fixed. How the defense engages early in the process may affect what charges are ultimately brought and how the case proceeds.

Defenses in New York Homicide Cases

The applicable defenses depend on the facts, the charge, and the evidence. Our approach to any case begins with identifying which legal theories are available and where the prosecution’s evidence can be challenged.

Justification and Self-Defense

Under New York Penal Law, a justification defense acknowledges the act but argues that the use of deadly force was legally justified under the circumstances, such as in defense of oneself or others.

Extreme Emotional Disturbance

Extreme emotional disturbance is a mitigating factor that may reduce a murder charge to manslaughter. It applies when the defendant acted under the influence of an extreme emotional disturbance for which there was a reasonable explanation or excuse. It doesn’t eliminate criminal liability, but it may reduce the severity of the charge.

Lack of Intent

Because intent to cause death is the element that distinguishes murder from manslaughter under New York law, challenging the prosecution’s theory of intent can significantly affect the case. This requires a close examination of the circumstances and the evidence the prosecution intends to rely on at trial.

Forensic Evidence Challenges

DNA analysis, blood stain pattern analysis, ballistics, and gunshot residue testing are all subject to error in collection, processing, and interpretation. Chain of custody deficiencies, lab protocol failures, and the reliability of the analytical methods themselves are each grounds for challenge. An attorney who understands how a prosecution builds its forensic case knows where those challenges may carry weight.

Witness and Identification Challenges

In cases lacking direct physical evidence, eyewitness identification and cooperating witness testimony often carry significant weight. Cross-examining the reliability of that evidence, including the circumstances of any identification, is a critical part of homicide defense at trial.

Pre-Indictment Intervention

Engaging with the prosecution before the grand jury votes on charges may create opportunities to shape the evidentiary record before formal charges are filed. Early intervention is one reason to retain a homicide attorney at the investigation stage, not after an indictment has already issued.

How Homicide Cases Move Through Westchester County Court

Felony homicide arrests in Westchester County begin with arraignment in a local city, town, or village court, where bail is addressed. From there, the case enters a pre-indictment phase. If the grand jury votes to indict, the matter transfers to Westchester County Court in White Plains, where all further proceedings take place: pre-trial motions, suppression hearings, and trial.

The Westchester County District Attorney’s Office prosecutes every felony homicide charge in the county and dedicates substantial investigative resources from the earliest stages. Both Richard Portale and James Randazzo prosecuted felony cases in this same courthouse before moving to the criminal defense side. They know the venue, the institutional culture, and how these prosecutions are built. That familiarity is a practical consideration for clients navigating violent crime allegations in Westchester County Court.

If you are looking for a lawyer who truly cares about their clients and fights for the best possible result, look no further.

I cannot recommend Rich Portale and his team highly enough. From the very beginning, they were professional, honest, and incredibly knowledgeable. I was facing a situation that could have resulted in prison time, and thanks to their dedication, skill, and persistence, I was able to avoid that outcome. He took the time to explain every step of the process, answered all my questions, and made sure I always knew what was happening with my case. His calm confidence and attention to detail made an incredibly stressful situation manageable.

Danielle S.
I truly felt that I had found a team that was willing to fight for my case and genuinely cared about the results.

I can honestly say that I am relieved and happy to have chosen your firm as my attorney for my third DWI. I have worked hard through my treatment and appreciate the opportunity to make better choices for myself in the future. After being sentenced to a conditional discharge, I truly felt that I had found a team that was willing to fight for my case and genuinely cared about the results. I would also like to add that they have connections because of the well respected business they run. I will highly recommend Portale Randazzo to anyone in need of legal counsel. Thank you again for your hard work and support.

Danielle A.
Richard's level of care and attention meant a lot to me.

Rich was an outstanding and well-spoken individual who carried himself with a strong sense of confidence. From the very beginning, he made it a priority to stay in touch and was consistently reliable throughout the entire process. One thing that really stood out was how he took the time to do weekly check-ins—not just to discuss progress, but to genuinely see how I was doing mentally and emotionally. I’m truly grateful I chose to work with him.

Manny S.
When you hire Portale Randazzo you are getting attorneys who actually care and fight for you.

Portale Randazzo LLP is an exceptional law firm. Mr. Portale has represented me very well helping me avoid the worst. Retainer fees are fair and the services provided are above expectations. Highly recommend.

Luis B.
I felt confident in trusting them with my case.

Portale Randazzo was very reliable and helpful during my tough time. Very grateful for Rich and the team for everything. Their experience and dedication to their work is noticeable!

Antonio M.
Rich is a man of his word!

Having your love ones in jail is very stressful! We are so grateful we chose the Portale Randazzo team to work my love ones case!! Richard worked very hard to make sure we got the best overcome! I will highly recommend Portale Randazzo, Rich, and his team!! Chanel (front desk), she is amazing too.

Rhonda P.
Rich Portale told me that his job was to free me from worrying about my case. That's what he did.

Had a potentially scary legal problem and on my own it could have been disastrous. He solved the problem pretty quickly. Using his services was a very smart move on my part.

Mel D.
My experience with Rich has been nothing short of exceptional.

Outstanding "10 out of 10". I am very grateful. Richard Portale is an amazing lawyer. Excellent in both professionalism and experience. A very well organized firm, experienced and professional. I would highly recommend Rich and his law firm Portale Randazzo LLP to all my friends and family.

Mehul P.

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