New York Penal Law 125.10: Criminally negligent homicide
The criminal act of committing murder in the State of New York is defined as intentionally causing the death of another human being However, it can also involve causing the death of another person by acting in a negligent manner. Under New York Penal Law Section 125.10, an individual can be charged with criminally negligent homicide if they acted in a reckless manner or failed to act in a responsible manner resulting in the death of another person.
How Murder is Prosecuted
According to New York State penal code Section 15.05(4), acting with criminal negligence means that an individual failed to perceive that there was a substantial risk that his or her actions or inaction would result in the death of another person. The risk must be considered to be a gross deviation from the normal standard of care that any reasonable person would observe under the same exact circumstances.
An example of criminally negligent homicide would be if a train operator was operating the train at a high rate of speed. As the train approached the final stop, the conductor failed to sufficiently reduce the amount of speed the train was traveling at. The train then crashed into the station wall, killing four of the passengers. If the conductor of the train somehow miraculously survived, he or she could be charged with four counts of criminally negligent homicide based upon the speed at which he was operating the train when it pulled into the station.
Mounting a Defense Against Criminally Negligent Homicide
The first element that the State of New York must provide in a criminally negligent homicide case is that the defendant was aware that their actions posed an unjustifiable risk which led to the death of another person.
The second element that must be proved is that the defendant failed to take action in the situation. For example, let’s say the defendant accidentally shoots another person and then fails to get medical treatment for the victim, they may be charged with criminally negligent homicide.
When someone in the State of New York has been charged with criminally negligent homicide, a valid defense would be to show that the defendant’s actions did not constitute a gross deviation from how any reasonable person would act under the same or similar circumstances.
When a driver who is intoxicated and accidentally kills another person while driving drunk, they can be charged with criminally negligent homicide as well
If a person goes out deer hunting with his friends and he accidentally kills his fellow hunter instead of the deer, he can be charged with criminally negligent homicide. The crime is considered to be a Class E felony and is punishable by up for four years in state prison.
When to Consult a NYC Criminal Attorney
When you are a defendant who is facing serious criminal charges, your primary goal should be how to find an experienced criminal defense attorney. Whether or not you choose to take your case to trial, you should still seek out an attorney who is a skilled trial lawyer. Prosecutors never like to lose their cases and may even be willing to reduce the charges in exchange for a plea agreement. Do not gamble with your life. Even innocent people can get convicted. A criminal defense lawyer may be able to help by presenting mitigating factors that could help your case. The case could even be dismissed if the prosecutor failed to turn over what is known as exculpatory evidence to the defendant’s attorney during the discovery process. Contact a criminal defense attorney immediately if you are facing serious criminal charges.