Homicide refers to the killing of a human being. The death can be justified such as a person defending themselves against an assailant during a crime. It can also be unjustified. This means that the person’s death was caused by another person for no legal reason. This makes homicide unlawful. One example, of an unlawful homicide is murder. Murder is a homicide done with malice. Thus, it was the intent to kill another person. Another unjustified homicide crime is called criminally negligent homicide.
What is Criminally negligent Homicide in New York?
Criminally negligent homicide in New York is outlined under the state’s criminal statute 125.10. It occurs when a person causing the death of a human being in a way that was careless, reckless or inattentive. This means an individual accused of a crime didn’t mean to kill the alleged victim. However, their actions were so bad that a person died. A person can be accused of criminally negligent homicide if they fail to act. Their failure to act such as the failure to provide care for someone results in death of that person.
New York’s Definition of Criminal Negligence
What does it mean to act with criminal negligence? According to New York criminal law, it means that a person failed to perceive or understand the substantial risk their inaction or actions would cause another human being’s death. Thus, the individual is being accused of not knowing their behavior would lead to another individual’s death.
The behavior must be so bad that it is considered a gross deviation from the state’s reasonable person standard a person would have under typical circumstances. For example, a person should have perceived that driving above the speed limit would result in crashing their vehicle and possibly killing someone. Another example is caring for someone. This person should have perceived the risk that if they did not give them medication, it would lead to their death.
Punishment for New York Criminally Negligent Homicide
In New York, criminally negligent homicide is a Class E felony. A Class E felony is four years in state prison. The person may also be ordered to pay the court a substantial fine. The number of years in prison a person receives depends on many factors such as showing remorse and prior criminal history. A person with a lengthy criminal history may receive the maximum criminal sentence than if they did not have criminal history.
Defenses Used in a New York Criminally Negligent Homicide Case
A person charged with criminally negligent homicide may plead not guilty. They may also present a strong defense to challenge the state’s case against them. Remember, it is the state that has the burden of proving beyond a reasonable doubt about a person’s guilt in a criminal case.
One valid defense is to show the person’s actions didn’t raise to the level of a gross deviation from how a reasonable person would have acted in the same circumstances. This means a reasonable person in the same situation would have acted in the same way. Thus, the person isn’t guilty of causing another human being’s death.
Other valid defenses include having an alibi and mistaken identity. The exact defense that is used depends on the facts of the case. For example, one person accused of this crime may use the alibi defense. Another person accused of this crime may try to invalidate the charge by attacking the elements of the case such as gross deviation.
Contact Our Law Firm if Your or Your Loved One is Facing Criminally Negligent Homicide Charges
Homicide is the intentional death of another human being done because of your alleged bad behavior. That doesn’t mean you must plead guilty. It’s time to fight this charge and put this horrible time behind you. You have defenses available to you. Contact us immediately and let’s start working on your case today.
