Facing Criminally Negligent Homicide Charges in New York?

Criminally Negligent Homicide Charges

While the crime of homicide often involves intentionally causing the death of another person, it can also involve causing the death of another person through negligence. Pursuant to NY Penal Law 125.10, the crime of criminally negligent homicide involves causing someone's death by acting in a manner that was negligent, meaning you may have been reckless in failing to act and as a result, an individual dies.

According to New York Penal Law § 15.05(4), acting with "criminal negligence" means that you failed to perceive a substantial risk that your actions or inaction would result in another person's death. The risk must constitute a gross deviation from the standard of care that a reasonable person would observe under the circumstances.

How We Fight Criminally Negligent Homicide Charges in New York

If you are charged with criminally negligent homicide, a valid defense would be to show that your actions did not constitute a gross deviation from how a reasonable person would act under similar circumstances.

Another defense would be that even though you may have acted negligently, your actions did not cause the death of another person. In other words, the death was caused by someone or something other than you. Having a two-tiered defense may prove to be favorable in poking holes at the prosecution’s case and securing not guilty verdict.

Possible Sentencing & Penalties in New York

Because criminally negligent homicide is a class E felony, if you are convicted you could be sentenced to up to 4 years in state prison and be ordered to pay a substantial fine. Your actual sentence will be based on a number of factors, including your prior criminal history and whether or not you show remorse. Certainly, strong arguments can be put forth to secure a non-jail sentence even where a conviction occurs by guilty plea or a trial verdict.

Examples and Related Cases

A common example could be found where an individual is operating a machine, boat, or train at a high-rate of speed. The individual may have not slowed down in time and may not have operated it within the confines of standard protocols and policy. While these fact patterns border on the line of civil negligence cases, an aggressive prosecutor may look to charge a person or an entity with criminal negligence due to the resulting death which occurs. 

Your Defense Begins Now

If you are being charged with criminally negligent homicide, it is critical that you hire a firm that has handled this unique charge from start to finish. As discussed, being able to analyze the required mental state alongside the evidence in these matters can and will go a long way in your defense. Contact the Law Offices of Jason Goldman today.