Back on June 1st, 2020, Elvin Fernandez was taking his pregnant girlfriend to a candy store outside of the Red Hook Houses. The couple had just walked outside when suddenly, 32-year-old David Gorham spotted Fernandez. Gorham reportedly ambushed the victim and fired a few shots at him.

Police rushed out to the scene, but tragically, Fernandez had suffered a gunshot wound to the head and was declared deceased at the scene. Reports suggest that Fernandez and his girlfriend were expecting their first child at the time of the shooting.

The apparent cold-blooded shooting wasn’t received well by a jury, who found Fernandez guilty on all charges. On December 6, 2023, he was convicted of second-degree murder and two counts of second-degree criminal possession of a weapon. He has been sentenced to serve 40 years to life in prison.

Murder: Do You Always Get Sentenced to Life in Prison?

Taking someone else’s life is one of the most serious crimes you could possibly commit, so it makes sense that the criminal penalties attached to these types of acts often have the most severe consequences. In fact, most Americans believe that anytime someone else takes the life of another, they’ll be sentenced to life in prison.

That isn’t always the case, though, as there are several different categories of ‘murder’ under the law in New York. There are also several related charges that don’t always lead to life in prison. Here is how the law breaks down the different levels of murder in New York:

• Second-degree murder: Intentionally killing someone else. The penalty is 15-25-life in prison.
• First-degree murder: you must be at least 18 years old and intend to kill the person. The victim must have been a law enforcement figure, tortured, intentionally killed while you were leaving the scene of a felony, or killed while you were serving a life sentence already. The penalty is life in prison or 20-25 years to life.

Outside of these, you could also face other related charges, like manslaughter. Manslaughter happens when you don’t intend to take the life of another person, but that is ultimately the end result of your actions. Second-degree involuntary manslaughter has a maximum sentence of 15 years in prison. First-degree voluntary manslaughter results in a maximum sentence of up to 25 years in prison.

Understanding the severity of your charges and the potential penalties is an important part of constructing a defense strategy.

Depending on your situation, it might be a good idea to accept a plea deal and have your charges reduced, but never accept this type of agreement until you’ve discussed your options with an attorney. The facts and circumstances surrounding your case might make other defense strategies a better option. Some of the most common defense strategies include arguing your actions were committed in self-defense, arguing that there is reasonable doubt that you didn’t commit the crime, and providing an alibi that proves you couldn’t have committed the crime.

Do you need to defend yourself against criminal charges here in Brooklyn? Schedule a call with our office now to get started.