Taking another person’s life is a serious legal offense in any state, and each state has different laws pertaining to homicide. It’s important to understand that the word “homicide” is often conflated with the words “murder” and “manslaughter,” which denote specific forms of homicide. Homicide itself refers to the taking of another person’s life. Homicide can qualify as murder when that life is taken intentionally, and manslaughter typically denotes homicide that occurs unintentionally. “Negligent homicide” refers to any incident in which one party’s negligence, inattention, or carelessness results in the death of another person.
How Does Negligent Homicide Happen?
In New York, negligent homicide is commonly referred to as involuntary manslaughter. This charge indicates that the person responsible for the death in question is directly responsible for the death but did not intend to harm the victim. But, first, it’s essential to understand the distinction between “involuntary” and “voluntary” manslaughter. Voluntary manslaughter applies when the at-fault party causes a death by committing an action they knew or should have reasonably known to be mortally dangerous to others or when they kill another person in the heat of the moment without premeditation.
Negligent homicide or involuntary manslaughter can occur in various ways. However, some of the most commonly reported causes of negligent homicide in New York include:
- – Motor vehicle accidents. Suppose a driver causes a severe accident and kills another motorist, passenger, or bystander. In that case, they are liable for the death and could potentially face a negligent homicide charge depending on how they caused the accident.
- – Premises liability. Property owners must ensure their properties are safe for lawful visitors. For example, suppose a lawful visitor suffers a fatal injury on someone else’s property due to a safety issue the property owner should have recognized and addressed. In that case, that property owner could face a negligent homicide charge.
- – Reckless use of firearms. A negligent discharge of a firearm can potentially kill someone. If a gun owner mishandles a firearm and causes another person’s death, they may not only face negligent homicide charges but also weapons-related charges.
- – Construction accidents. The construction industry is inherently dangerous for many reasons. If a construction worker makes an error that results in a fatal injury to a coworker or bystander, they may face a negligent homicide charge.
These are just a few examples of how negligent homicide might occur in New York. In addition, an individual accused of negligent homicide may not only face criminal prosecution but will also absorb civil liability under New York’s wrongful death statutes.
What Is a Wrongful Death?
A “wrongful death” is any death that occurs due to another party’s negligence, carelessness, or inattention. Wrongful death and negligent homicide often work in tandem in New York courts. For example, if a driver is texting while driving and causes a fatal accident, they would be liable for negligent homicide and face a civil suit from the victim’s family for wrongful death. Wrongful death claims are very similar to personal injury claims, and the at-fault party will face liability for many of the same damages sought in personal injury claims.
FAQs
The team at the Law Offices of Robert Tsigler, PLLC, understands that issues regarding negligent homicide can be challenging to understand. If you have recently become involved in any negligent homicide case in New York, you probably have many questions about the legal proceedings you face. The following are some of the most frequently asked questions our team hears from our clients regarding negligent homicide in New York.
Q: What Are Some Examples of Negligent Homicide?
A: Negligent homicide occurs whenever someone causes the death of another person due to negligence. Motor vehicle accidents from distracted driving, failure to maintain safe premises, and careless use of firearms are just a few examples of how negligent homicides might occur in New York.
Q: What Are the Legal Elements of Negligent Homicide?
A: The legal elements of negligent homicide include proof that the death in question occurred due to the negligence of a specific party and that the death did not occur due to some other cause. The prosecution must prove the defendant was negligent or failed to exercise reasonable care in the situation in question and caused the victim’s death.
Q: What Is the Average Sentence for Negligent Homicide in New York?
A: New York considers negligent homicide a Class E nonviolent felony, carrying a potential sentence of one to four years in jail. If aggravating or mitigating factors are present in the case, these factors may reduce or increase the defendant’s sentence.
Q: Is Negligent Homicide the Same as Manslaughter?
A: Negligent homicide is the same as involuntary manslaughter. It is very different from voluntary manslaughter, which carries a much more severe penalty for conviction.
Do I Need a Defense Attorney for a Negligent Homicide Charge?
If you are charged with any type of homicide in New York, it is essential to secure defense counsel as soon as possible. Your defense attorney can help you avoid the harshest penalties possible with conviction. Depending on the unique details of your situation, it may even be possible to avoid conviction entirely by proving you did not directly cause the death in question. Most negligent homicide charges revolve around incidents of negligence, and it’s vital to have a defense attorney on your side who can help you mitigate the criminal penalties and civil liability for the death in question.
The attorneys at the Law Offices of Robert Tsigler, PLLC, have years of experience handling all types of criminal cases. We know the stress and uncertainty a defendant can face when accused of negligent homicide. You likely did not intend to harm anyone, let alone cause another person’s death, and it’s easy to feel as though the entire criminal justice system is working against you. Our firm can provide the meticulous defense representation you need in this challenging situation. If you or a loved one has been charged with negligent homicide in New York, contact the Law Offices of Robert Tsigler, PLLC, as soon as possible to schedule a consultation with our team.
