If you were to kill a police officer or any kind of security official, then you know that you’ve committed a serious crime. Even if there was no intent behind the killing but you wanted to cause harm to the officer, you would still face severe consequences and time in prison. There are two components to consider in New York if you are charged with aggravated manslaughter in the first degree. One is that you had an intent to do something that would have caused an injury to occur to the officer while the officer was performing his duties and that those actions resulted in the death of the officer. Another is that you intended to cause the death of an officer and the actions were carried out because you were experiencing some kind of emotional distress.
A man and a woman met each other and started talking while they were at a bar. They talked and even enjoyed a few drinks and a meal together. The man wanted to know if the woman would like to go back to his house, but she refused. He walked her to her vehicle and continued to try to persuade the woman to go to his home after they had just met a short time before. The woman became upset and pushed the man away because she didn’t want to go home with him. A short time later, the woman grabbed a bottle that was on the ground and hit the man. He fell down, and the woman drove off, unaware that his injuries were so severe that he later died because of them. She also didn’t know that the man was an officer with the local police department. Since the man was not performing his duties when the woman hit him, then she wouldn’t be charged with aggravated manslaughter. Another reason as to why the woman wouldn’t be charged is because she didn’t intend to cause any kind of serious injury to the man. She only wanted to get him away from her because he was trying to get her to go home with him.
Sometimes, you could be charged with aggravated criminally negligent homicide or aggravated manslaughter in the second degree instead of the first degree if there is enough evidence present relating to the situation.
After being charged with aggravated manslaughter in the first degree, the prosecution would need to show evidence that you had the intent to seriously injure the officer and that the injury could have caused death. The injury could have also resulted in the loss or function of an organ or some kind of disfigurement. Even though the actions that you committed resulted in the death of the officer, you might not have had the intent to injure the officer or cause the death of that person. A possible defense is that you only intended to cause a minor injury or no harm at all. Another defense would be that you had no reason to think that the other person was a police officer or a security officer when the injury or death occurred. If you truly did not know the position held by the person, then aggravated manslaughter wouldn’t be the charge given.
This is a charge that is considered a class B felony in New York. You could face up to 25 years in prison if you don’t have a defense that is suitable for the prosecution and the court. An attorney can gather the evidence surrounding your actions and present the details to the court. It’s important to give your attorney as many details as possible so that you have the best options during your trial.
